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(영문) 서울중앙지방법원 2018.01.18 2017가단5162971
매매대금반환
Text

1. The plaintiff's primary defendants and the conjunctive defendants are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 5, 2016, the Plaintiff entered into a contract with Defendant D (Defendant B and C’s mother) on the purchase and sale of 890 million won F and G (hereinafter “each of the instant commercial buildings”) at Gangnam-gu Seoul E-gu (hereinafter “instant commercial buildings”) (the instant sales contract), the down payment of KRW 10 million. In the instant sales contract, the Plaintiff shall take over the obligation to refund the lease deposit and the remainder of each of the instant commercial buildings KRW 870 million (hereinafter “H”) at KRW 870,000,000,000 (hereinafter “the remainder of each of the instant commercial buildings”) established in each of the instant commercial buildings, and the Plaintiff shall take over the interest of KRW 870,000,000,000 (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed.

The plaintiff shall deposit interest and regular payment in the passbook in the name of the defendant I as equal to the monthly ability.

“The Agreement” (hereinafter referred to as the “Agreement”). (c)

On August 1, 2016, the Plaintiff changed the remainder payment of KRW 870 million in the instant sales contract with Defendant B and C’s agent to the effect that “the remainder payment of KRW 870 million shall be replaced by the acceptance of the instant collateral security debt amounting to KRW 870 million.”

On August 4, 2016, the registration of ownership transfer was completed on August 1, 2016 in the name of the Plaintiff for each of the instant commercial buildings.

Since then, the Plaintiff paid the amount equivalent to KRW 2.6 million per month as interest on the instant collateral security debt, and paid the principal additionally from January 2017 to July 21, 2017.

Interest paid by the Plaintiff shall be KRW 3,422,00,00 and principal shall be KRW 12 million.

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