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(영문) 서울고등법원 2016.02.04 2015나18864
보증금반환
Text

1. The judgment of the first instance court, including a claim extended or reduced in the trial, shall be modified as follows:

Reasons

Basic Facts

The defendant, from September 23, 201, became aware of the plaintiff's home located in Seoul, to work as a domestic helper, from September 23, 201.

The plaintiff was currently in a divorce suit with D at the time.

Upon completion of the divorce procedure with D on August 2013, 2013, the Plaintiff suggested that the Defendant would be able to look at with the Defendant.

The defendant accepted the plaintiff's proposal and tried to live together with the plaintiff.

On September 2, 2013, the Plaintiff and the Defendant entered into a contract with G to purchase the instant apartment from G for KRW 220 million (hereinafter “instant sales contract”). On September 2, 2013, at the F Licensed Real Estate Agent Office, G, the owner of the real estate listed in the separate sheet (hereinafter “instant apartment”).

The apartment sales contract (No. 6) prepared at the time of the instant sales contract shall contain the following contents:

(1) A down payment of KRW 20 million shall be paid on the date of conclusion of the instant sales contract, and the remainder amount of KRW 200 million shall be paid on October 30, 2013.

Any balance date may be advanced.

② The buyer succeeds to the secured obligation of the right to collateral security established on the apartment of the instant apartment.

H on September 2, 2013, through a licensed real estate agent I, received down payment of KRW 20 million and issued a receipt to the Defendant.

On September 30, 2013, the Plaintiff paid to H KRW 140 million, excluding the secured debt of the right to collateral security established on the instant apartment, out of the purchase and sale balance of the instant apartment.

On September 30, 2013, the Defendant obtained a housing financing loan of KRW 60 million from the National Bank of Korea (hereinafter “National Bank”) as collateral the instant apartment from the National Bank of Korea (hereinafter “National Bank”), and repaid the secured debt of the right to collateral security established on the instant apartment.

The plaintiff living together with the plaintiff and the defendant in this case around September 30, 2013.

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