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(영문) 서울남부지방법원 2015.05.29 2013가단41183
계약금반환 등
Text

1. Defendant D’s each of the Plaintiffs’ KRW 20,000,000 and 5% per annum from November 30, 2012 to August 30, 2013.

Reasons

1. Basic facts

A. The promotion committee was established around May 2006 for the promotion of re-building on the ground of 3,001 square meters in Yongsan-gu Seoul, Yongsan-gu, Seoul. On February 1, 2007, the "G Housing Reconstruction and Improvement Project Association" (hereinafter referred to as the "Building and Improvement Association") obtained authorization for the establishment, and obtained authorization for the project implementation from the competent office of Yongsan-gu on December 26, 2007 through the public perusal from December 26, 2007 to January 26, 2008.

B. around October 30, 2012, Defendant D sought Plaintiff B, an employee under the H Real Estate Brokerage Office, and recommended the purchase of the second floor No. 202 of the 10th floor owned by Defendant C (hereinafter “instant housing”) from among the above FF, in which the reconstruction is underway, and the Plaintiffs bear the down payment, and the intermediate payment of KRW 40 million, out of the intermediate payment of KRW 100 million, Plaintiff A and Defendant D bears each of the burden, and the remainder is treated as the loan received by the instant housing, and the profits accrued from the instant housing are distributed.

C. On November 20, 2012, at the K Real Estate Brokerage Office of Yongsan-gu, Yongsan-gu, Seoul, which is operated by Nonparty I, the Plaintiffs, Defendant C, and Defendant D attended the instant house, and Defendant C entered into a contract with the Plaintiff and Defendant D to sell the instant house to the purchase price of KRW 370 million (contract amounting to KRW 37 million, first intermediate payment, KRW 10 million on January 28, 2012, and KRW 230 million on January 31, 2013) (hereinafter “instant sales contract”).

(The defendant D is expected to affix a seal later, and the contract of this case remains in a state where only the name was written without affixing a seal).

The Plaintiffs, on the date of the conclusion of the instant sales contract, remitted the down payment of KRW 37 million from the Plaintiff’s account to Defendant C’s account, and separately, transferred KRW 3 million to Defendant D’s account.

E. The plaintiff A prepared to bear KRW 40 million on the date of the intermediate payment, but the defendant D prepared to bear KRW 60 million.

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