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(영문) 서울서부지방법원 2015.04.23 2014가합4187
보관금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

Defendant B shared 1/4 shares of each of the real estate listed in the separate sheet with D, E, F (hereinafter “instant real estate”).

Defendant C is a child of Defendant B.

On August 1, 2013, the Plaintiff, G, and H (hereinafter “Plaintiff, etc.”) entered into a sales contract to purchase each of the instant real estate shares of KRW 3 billion from Defendant B, D, and E (hereinafter “instant sales contract”). In such case, KRW 300 million on the date of the contract, intermediate payment of KRW 30 million, the remainder payment of KRW 30 million on the same month, and KRW 2670 million on the same year.

9. The payment was made on 30.30

Plaintiff

The same year shall be paid in full for the purchase price.

9.27. Completion of the registration of ownership transfer.

[Reasons for Recognition] The Plaintiff’s assertion that there was no dispute, Gap’s evidence Nos. 1 through 3 (including the number of branch numbers; hereinafter the same shall apply) and the purport of the entire pleading, and Defendant B requested that the Plaintiff keep KRW 500 million in order to secure the Plaintiff’s performance of the obligation to pay the remainder at the time of the instant sales contract.

Accordingly, the plaintiff paid KRW 500 million to the defendant C, who is the son of defendant B, and when the balance is paid, the above amount was refunded.

However, since the Plaintiff et al. paid the balance under the instant sales contract normally, the Defendants shall jointly and severally return the amount of KRW 500 million to the Plaintiff.

He, one of the defendants' arguments, agreed to purchase the real estate of this case to Defendant B with a lower price than the market price, paid KRW 500 million, and Defendant B also concluded the sales contract of this case with a lower price of KRW 3 billion than the market price.

Accordingly, H paid KRW 500 million to Defendant B, and as long as the Plaintiff et al. paid the remainder according to the sales contract and transferred the ownership of the instant real estate, the Defendants are not obligated to return KRW 500 million.

Judgment

Defendant B or Defendant C, etc. in the course of the instant sales contract.

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