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(영문) 서울고등법원 2016.12.08 2015나2075382
계약금 등 반환 청구
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.

Reasons

1. Basic facts

A. On July 25, 201, Plaintiff A and his husband’s husband He purchased a building of KRW 1,800,000 and its ground (hereinafter “instant real estate”) with the Defendant on the following grounds: (a) the Plaintiff and the Defendant purchased the building of KRW 1,80,000,000 in Seopo-si F, Seopo-si; (b) the down payment of KRW 250,000,000 for the first intermediate payment of KRW 500,000 for the second intermediate payment of KRW 500,000 for the second intermediate payment of KRW 50,000 for the second intermediate payment of KRW 50,000 on June 30, 2012; and (c) concluded a sales contract to pay the remainder of KRW 550,00,000 to December 20, 2012 (hereinafter “instant sales contract”).

On the other hand, the plaintiff A, the deceased E, and the defendant set the following terms as the terms of the contract of this case.

- The seller shall maintain the current status of the register until the balance is paid.

- The buyer's name refers to the change in the name of one or two persons (joint name) before the remainder, the seller shall be the cooperative key.

- Of the first intermediate payment of KRW 500,000,000,000, the first intermediate payment of KRW 100,000 shall be paid on July 28, 201.

B. On July 25, 201, Plaintiff A and the network E paid each of the Defendant KRW 100,000,000 among the first intermediate payment on July 28, 2011, and KRW 100,000,000 among the first intermediate payment.

C. At the time of the conclusion of the instant sales contract, the instant real estate was not set with the right to collateral security. On November 29, 201, the Defendant created the right to collateral security (hereinafter “first right to collateral security”) with respect to the instant real estate, which is worth KRW 1,650,000, Pumato2 Savings Bank Co., Ltd., the maximum debt amount, KRW 1,650,000. On July 29, 2013, the Defendant revoked the first right to collateral security (hereinafter “second right to collateral security”).

The network E died on November 14, 2013, and the Plaintiff B and C, the wife, succeeded to the rights and obligations of the network E, respectively.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 5 (if there are provisional numbers, including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiffs' assertion

(a) the network;

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