logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.06.19 2014가합13184
매매대금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On March 27, 2012, the Plaintiffs sold to Nonparty D real estate listed in the separate sheet (hereinafter “instant real estate”) for KRW 3.5 billion.

D succeeded to KRW 2 billion in loans and KRW 230 million in lease deposit with the instant real property as collateral, and paid KRW 1.27 billion out of the above purchase price (= KRW 3.5 billion - KRW 2 billion - KRW 2300 million) to the Plaintiffs. Of them, D paid the remainder of KRW 600 million.

B. On October 15, 2012, D sold the instant real estate in KRW 3.6 billion to the Defendants (hereinafter “instant sales contract”).

The Defendants succeeded to a loan of KRW 2.8 billion and a deposit of KRW 230 million with the instant real property as security, and paid KRW 630 million out of the purchase price (= KRW 3.66 billion – KRW 2.8 billion – KRW 2.3 billion) to D.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. At the time of entering into the instant sales contract, the Plaintiffs, the Defendants, and D agreed that D would receive the above KRW 630 million from the Defendants, and accordingly, the Defendants paid KRW 150 million to the Plaintiffs. Accordingly, the Defendants are obligated to pay the remainder of KRW 480 million to each of the Plaintiffs (= KRW 630 million - KRW 150 million - KRW 150 million) and damages for delay.

B. In light of the respective descriptions of evidence Nos. 1 through 5, it is insufficient to acknowledge that the above three-party agreements have been reached by the Plaintiffs, the Defendants, and D solely based on the respective descriptions of evidence Nos. 5, 7, and 14, and there is no other obvious evidence to acknowledge such agreement (the same shall apply to the examination of evidentiary materials submitted by the Plaintiffs after the closing of argument).

arrow