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Reasons
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(영문) 청주지방법원제천지원 2019.06.13 2018가합10206
계약금반환 청구의 소
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1. The Defendant: (a) each of the 30,000,000 won for Plaintiff A and E, Plaintiff B, C, and F, respectively, 20,000,000 won for Plaintiff D, and G 40,000 won for each of them.

Reasons

1. Basic facts

A. The relevant Plaintiffs granted to I, a licensed real estate agent, the right of representation regarding the sales contract of Jincheon-si, Jin-si, Jin-si, K forest and 635 square meters, and Linland and 140 square meters (hereinafter “instant land”), which is owned by the Defendant. M is the Defendant’s partner, who is delegated the right of disposal of the instant land by the Defendant.

B. On April 5, 2018, preparing the first sales contract and M, on behalf of the Plaintiffs and the Defendant, drafted a sales contract stating that the Plaintiffs purchase KRW 1.6 billion in total of the purchase price of the instant land from the Defendant (hereinafter “instant sales contract,” and “the first sales contract” in this case, and received KRW 200 million in down payment. The main contents are as follows.

A total of the purchase price: KRW 1.6 billion - Payment at the time of a contract, - Payment at the time of an intermediate payment: The first KRW 400 million ( May 4, 2018) and the second KRW 400 million ( June 5, 2018): 60 million (the special agreement on July 5, 2018)

1. Cancellation of provisional registration of the land on this parcel number shall be cancelled by the purchaser;

2. Provisional attachment of the land on this lot number (the claimed amount shall be KRW 150,479,725) shall be cancelled by the seller until the balance is settled (the seller shall deposit for cancellation of provisional attachment after the receipt of the second part).

C. 1) The first sales contract and M are as follows: (a) A and the second sales contract setting the respective purchase price and shares between the Defendant and the Defendant (No. 2, No. 2, No. 2, No. 2, No. 6, and No. 2, hereinafter “the second sales contract”).

(2) At the time of preparing the second sales contract, I and M shall be a total of 1.6 billion won, such as the first sales contract, and the second sales contract.

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