(영문) 서울고등법원 2015.03.12 2013나70974

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(영문) 서울고등법원 2015.03.12 2013나70974

매매대금반환

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

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. Basic facts

A. Defendant C and Defendant D are married, and Defendant E are their children. On October 29, 2004, Defendant D transferred the registration of ownership of 3/4 shares among the instant commercial buildings, Defendant E completed the registration of ownership transfer of 1/4 shares, and leased the instant commercial buildings by dividing them into the front part and the rear part.

B. The Plaintiffs, as the couple, heard explanations from Defendant C about the current status of the commercial building of this case as indicated below, and purchased the commercial building of this case from Defendant D, E, or Defendant C (the owner of the commercial building of this case was led by Defendant D, E, or Defendant C in the process of concluding the lease and the sales contract of the commercial building of this case; hereinafter the same shall apply) for KRW 400 million, and take over the obligations to refund the lease deposit amount of KRW 30 million in total and the subsequent part, and deducted KRW 30 million in total from KRW 40 million. The Defendants agreed to transfer the status of the lease contract of this case for KRW 20 million in total and KRW 18 million in monthly rent, KRW 18 million in total, and KRW 10 million in lease, and KRW 70 million in total after the buyer entered into the sales contract of this case for the lease of this case (hereinafter referred to as “the lease contract of this case”).

A lessee's lease deposit with a recontract of KRW 1,80,000 in full for the remainder of the monthly rent of KRW 20,000,000 for the remainder of the lease deposit, and KRW 30,50,000 in total for KRW 10,000 in part G 10,000 after one year.

C. On June 9, 2009, the following day after the conclusion of the instant sales contract, the Defendants entered into a lease agreement with F and its full part of F with the term of KRW 20 million, monthly rent of KRW 1.8 million, and the term of lease fixed on June 8, 2010, and delivered the lease agreement (Evidence A No. 3-1) to the Plaintiffs.

In addition, the Defendants were to the Plaintiffs, and on April 15, 2008, to G, the lease deposit amount of KRW 20 million.

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