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Reasons
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(영문) 청주지방법원 2016.06.17 2015나10449
양수금
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1. Revocation of a judgment of the first instance;

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. On April 29, 2013, the Plaintiff entered into a sales contract (hereinafter “the first sales contract”) with D, the competent wife, under which the Plaintiff sold the instant gas station in the name of the Defendants for KRW 650 million (hereinafter “the instant gas station”) at KRW 130 million, and the Plaintiff received KRW 600 million from E pursuant to the first sales contract with the content that the Plaintiff would sell the instant gas station in the name of the Defendants for KRW 938 square meters, G gas station site 49 square meters, H gas station site 13 square meters, and its ground building (hereinafter “instant gas station”). Thereafter, while the Plaintiff did not complete the registration of ownership transfer with respect to the gas station in the name of E or D, E would sell the instant gas station in the name of the Defendants (hereinafter “the second sales contract”). This agreement was concluded between the Plaintiff and the Plaintiff that the Plaintiff made the registration of ownership transfer with respect to the instant gas station in the name of the Defendants.

C. On January 9, 2014, the Plaintiff entered into a sales contract with the Defendants that the Plaintiff sells the gas station of this case to the Defendants at KRW 650 million (the contract amounting to KRW 60 million shall be paid on the date of concluding the contract, the balance of KRW 590 million shall be paid on the date of signing the contract, and the payment shall be made to the Plaintiff or to the account, on January 13, 2014).

E On January 9, 2014, the Defendants entered into a contract with the Defendants to lease KRW 60 million, the remainder of KRW 490 million (in direct payment of KRW 90 million, the remainder of KRW 400 million shall be substituted by the Defendants’ acceptance of the existing obligations) on January 13, 2014, and on the same day, the Defendants agreed to substitute the lease deposit amount of KRW 100 million, KRW 500,000,000 (in addition, value-added tax, KRW 13,000,000 per month, and KRW 100,000,000,000 from January 14, 2014 to January 13, 2016 (hereinafter “instant lease”).

E. On March 7, 2014, E and the Defendants agreed to the instant lease agreement.

F. After that, E, June 5, 2014, in the instant case, to the Plaintiff.

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