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(영문) 서울중앙지방법원 2018.05.29 2017가단5118691
보관금 반환 등 청구의 소
Text

1. The Defendants are jointly and severally liable to the Plaintiffs for KRW 38,832,043 as well as 5% per annum from August 9, 2017 to May 29, 2018.

Reasons

1. Each fact below the basis facts is without dispute between the parties or may be admitted by the respective statements (including paper numbers) in Gap evidence Nos. 1, 2, and 3, Gap evidence Nos. 13, 14, and 15 and the purport of the whole pleadings. A.

Seoul Central District Court 2014Gahap30525 filed a lawsuit, including a claim for the refund of the purchase price, and real estate provisional attachment and real estate provisional attachment on June 11, 2014, against 16 persons, including O and P, appointed law firms M and N as legal representatives, and filed a lawsuit against 16 persons, including O and P, Seoul Central District Court 2014Gahap30525.

(hereinafter “2014 Lawsuit”). The instant lawsuit was filed in 2014, 16 persons, includingO and P, were co-owners of the forests and fields located in Qu-gun Q, and began to jointly develop the said land as a unit site (R 1, 2, and 3 complexes) for electric source housing (R 1, 2, and 3 complexes) around 2007. The Plaintiffs and K were the buyers who completed the registration of ownership transfer after full payment of the sale price and completed the construction work by seven years after the conclusion of the contract for sale and the full payment of the sale price. As such, the Plaintiffs and K sought the cancellation of the sales contract and the refund of the sale price.

On August 21, 2015, a settlement was established between P and some other parties, including P, to the effect that “P shall pay KRW 135,00,000 to the above law firm L’s account.” On December 11, 2015, some of the Plaintiffs and K winning judgment recognized the partial claim for cancellation of the sales contract and the return of the sale price.

Meanwhile, in order to file the suit in 2014, the Plaintiffs and K delegated to L law firms, and applied for provisional seizure against real estate owned by O, etc. by the District Court 2014Kadan50389 on June 13, 2014, and received the ruling of cite on July 8, 2014.

B. On September 16, 2015, based on the settlement clause in the lawsuit No. 1 above 2014, Defendant Law Firm (LLC)’s transfer of money to the I deposit account, the “P” between the Plaintiffs, K and P.

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