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(영문) 대구지방법원 2017.06.23 2016가합205131
계약금반환
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 status of the parties (1) Defendant F is a person who completed the registration of ownership transfer concerning Daegu-gu L and the instant real estate on June 10, 2015, and the owner of the construction of “M building” on the ground (hereinafter “instant construction”), and Defendant G is the actual owner of the instant construction.

(2) The Plaintiffs are those who prepared a contract for sale in the same way as the following [the table] with respect to the above MM building (hereinafter “instant contract for sale in the instant case”). Defendant H, J, and I are those who completed the registration of creation of a new mortgage on the instant real estate on the grounds of a mortgage contract, such as the purport of the claim as to the instant real estate.

B. (1) The Plaintiffs drafted the instant sales contract signed with the seal of F’s name, including the preparation of the instant sales contract.

1. Sale by units (Plaintiffs) 1: 0. 10. 30, 1030, 2000, 3000, 2000, 3000, 3000, 3000, 1800, 2000, 3000, 3000, 3000, 180, 4000, 3000, 2000, 3000, 3000, 2000, 300, 2000, 300, 2000, 200, 300, 200, 300, 200, 300, 200, 100, 3000, 100, 300, 3000, 300, 300, 200

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 4, 8 through 10 (including each number, if any)

2. Summary and determination of the parties' arguments

A. The Plaintiffs paid the sum of down payment and down payment indicated in [Attachment].

Defendant F and G are M buildings.

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