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(영문) 인천지방법원 2017.09.12 2016가합58870
보관금 반환 등 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 1) The defendant is a company running real estate sales business, etc., and is the building D in Nam-gu Incheon Metropolitan City (hereinafter "the building of this case").

2) Plaintiff A and pharmacist B are married with each other, and Plaintiff C are children of Plaintiff A and B.

B. (1) On July 10, 2015, the Plaintiffs were the first floor of the instant building between the Defendant and the sales contract, etc. (hereinafter “instant store”).

(2) The sales contract of this case is set at KRW 1,044,745,497 as to the sales price (hereinafter “instant sales contract”).

(2) On July 14, 2015, E concluded a cash storage contract (hereinafter “the cash storage contract of this case”) with the Defendant on December 9, 2014, with the following contents: (a) as to the instant store, the Plaintiff completed the registration of ownership transfer in the future; and (b) as to the instant store on July 14, 2015, E, who first agreed to purchase the instant store from the Defendant more than the Plaintiffs, concluded a cash storage contract with the Defendant.

The present amount of Triman's certificate: 160,227,000 won shall be received on December 9, 2014 and shall be prepared and signed and sealed by this Certificate in order to ensure the receipt (storage) of the above amount.

Reasons for storage: In making the instant contract for the store (designation of a pharmacy) of this case, the full amount of the said amount shall be returned to the contractor of this case when the shop is not located after the completion of the contract.

3) At the time of the instant sales contract, the Plaintiffs paid KRW 115,00,000, which was partially reduced from KRW 160,227,000 to E at the time of the instant sales contract, and agreed to succeed to the instant cash storage contract concluded between E and the Defendant, and paid KRW 115,00,000 to E on July 14, 2015.

C. On the fifth floor of the instant building, the general public F. 1. 2015

2. G Council members were mutually changed, and the F, at the above G Council members, shall have the internal diameter, the primary wave, and the waste potential in the above G Council members.

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