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(영문) 수원지방법원 2016.08.11 2016가단1539
보관금
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

On September 5, 2003, the Plaintiff sold to Defendant B the land in the name of the Plaintiff and the newly-built Moel (hereinafter respectively referred to as “the instant Moel site”) and the land in the name of E (hereinafter referred to as “the instant dispute land”) for KRW 3.65 billion (hereinafter referred to as “the instant purchase and sale”).

At the time of the special agreement, “The land in the dispute of this case shall be the cycle of returning KRW 180,000 to the buyer after consultation between both parties in the event that it is later impossible to sell and purchase the land in this case. G urban gas shall be the construction at H in the event of construction of responsibility.”

The Defendants keep the Plaintiff’s cash as of September 22, 2003.

The date of cash return of KRW 250,000,000,000 shall be the time when the land in this case is acquired by the Defendants.

The plaintiff, who is a cash provider, shall cooperate in good faith so that the land in the dispute of this case can be acquired as soon as possible.

On September 22, 2003, the Defendants drafted a cash custody certificate (Evidence A 2; hereinafter “the cash custody certificate of this case”) with the following contents in the Plaintiff (the agreement of this case and the amount of the contract and the amount of the custody as stated therein are “the agreement of this case” and “the agreement of this case”).

The Defendants completed the registration of ownership transfer of the instant franchise site on or around September 9, 2003, and completed the registration of ownership preservation on or around October 22 of the same year.

I confirm that, in lending KRW 300 million to the Seocho-gu Saemaul Community Depository of the Republic of Korea from each other, I will enter I as a joint guarantor, and will perform the normal loan transaction until the expiration of the loan period.

The Defendants, around December 22, 2003, paid to the Plaintiff on January 15, 2004, KRW 200 million out of the balance of KRW 400 million out of the total purchase price, to the Plaintiff, a certificate of confirmation with the following content and a cash custody certificate, together with a cash custody certificate (hereinafter referred to as “written custody certificate”).

b. In the case of this case, “the confirmation note, etc. of this case”

shall be prepared.

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