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(영문) 인천지방법원 2018.06.05 2017가합1246
부동산매매대금반환등
Text

1. The Defendants jointly set forth in the Plaintiff KRW 205,000,000 and as to the Plaintiff:

A. Defendant B is from September 13, 2016 to June 1, 2017.

Reasons

1. Basic facts

A. 1) The Plaintiff, while seeking to invest in real estate, became aware of Defendant D through F-real estate operated by E. Defendant B (hereinafter “Defendant B”). Defendant D is the Plaintiff Company B (hereinafter “Defendant B”).

(2) According to the evidence No. 16, Defendant B’s trade name can be acknowledged as the fact that it was changed from October 5, 2016 to B. The following is also Defendant B, even if the name of Defendant B is named C, unless it is specifically indicated separately between C and B. From the perspective, it is suggested that Defendant B deposit money into his account after introducing the Seocho-gu Seoul G apartment (specific Dong and Dong number) so that it can be purchased at a lower level than the market price. (2) The Plaintiff accepted the above proposal and transferred KRW 100,000 on June 21, 2016 as part of the purchase price, and KRW 50,000,000 from the following day to Defendant D’s account.

As above, Defendant D transferred money from the Plaintiff to Defendant B’s account each of the money exceeding KRW 50 million out of the money deposited in his account on June 21, 2016 and the next day.

3) On July 5, 2016, Defendant D demanded the Plaintiff to prepare a sales contract of an apartment, and between the Plaintiff and the Plaintiff on July 5, 2016, the Plaintiff confirmed the Plaintiff’s payment of KRW 150 million to Defendant D, made it possible for the Plaintiff to purchase the apartment of the said G, and made a written agreement stipulating that “The date of concluding the contract for the purchase of the apartment is scheduled to be July 15, 2017.” 4) The Plaintiff is the instant apartment of 103 Dong 1304 et al. from Defendant B.

B. B shall be purchased at KRW 1.55 billion, and the down payment of KRW 1.555 million out of the purchase price shall be paid at the time of the contract, and the balance of KRW 1.395 million shall be paid on September 20, 2016. Defendant B shall deliver all necessary documents for the registration of transfer of ownership to the Plaintiff simultaneously with the receipt of the balance.

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