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(영문) 서울고등법원 2019.07.11 2018나2075215
계약금반환 등 청구의 소
Text

1. All appeals filed by the plaintiffs and the defendants are dismissed.

2. Of the appeal costs, the part resulting from the plaintiffs' appeal.

Reasons

1. Basic facts

A. The relationship 1) E is the Fdong in Gyeyang-gu, Soyang-gu (hereinafter “Fdong”).

(A) G site 66 square meters (hereinafter “G land”)

(G) buildings and their ground buildings (hereinafter referred to as “G buildings”).

on August 21, 2017, after the conclusion of each of the instant sales contracts as seen below, the ownership was transferred to J.

(3) Defendant C is not a party to the instant case, but a party to the instant case is not a party to the instant case.

) Buildings and their ground buildings (hereinafter referred to as “H buildings”);

Defendant D is the owner of the land, and Defendant D is the owner of the land I and 53 square meters (hereinafter “I land”) and is referred to as “each land of this case” with H land.

(2) The Plaintiffs are the owners of the H land and buildings owned by the Defendant C with a view to purchasing each of the above lands and buildings owned by the E and the Defendants, and constructing multi-household houses, and purchase one’s own land from Defendant D with a view to purchasing them.

B. On June 21, 2017, the Plaintiffs concluded a sales contract with Defendant C to purchase H land and buildings owned by the Plaintiffs from Defendant C for KRW 440 million. However, the Plaintiffs concluded a sales contract with the following terms: (i) KRW 44 million on the date of the contract; (ii) KRW 50 million on the date of the first intermediate payment; and (iii) KRW 256 million on the second intermediate payment; and (iv) KRW 90 million on August 25, 2017:

(B) On June 21, 2017, the Plaintiffs entered into a sales contract with Defendant D to pay KRW 150 million for the purchase price of the I land owned by the Plaintiffs on June 21, 2017, (i) the intermediate payment of KRW 15 million on the date of the contract; and (ii) the intermediate payment of KRW 10 million on June 26, 2017; and (iii) the remainder of KRW 125 million on August 25, 2017 (hereinafter referred to as “each of the instant sales contracts”) with the Plaintiffs and the Defendants, respectively.

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