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(영문) 서울북부지방법원 2019.03.26 2018재나615
매매대금
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

1. Following the conclusion of the judgment subject to a retrial is apparent or obvious in records in this court.

On September 19, 2016, the Plaintiff entered into a sales contract with the Defendant on July 8, 2013, which was the owner of the real estate listed in the attached list (hereinafter “instant real estate”). On the same day, on the same day, the Plaintiff entered into the provisional registration for ownership transfer claim (hereinafter “the instant provisional registration”) with the Defendant, which was the owner of the instant real estate as indicated in the attached list, with the purchase price of KRW 40 million, and deposit money of KRW 39 million,000,000,000, which was entered into with the Defendant who was an employee of the financial institution, and filed a lawsuit with the Seoul Northern District Court (hereinafter “instant sales contract”). On June 10, 2016, the Plaintiff: (a) died on June 10, 2016; and (b) the instant provisional registration was cancelled; (c) the Defendant, solely inherited the provisional registration based on the above sales contract, was obligated to pay the Plaintiff the purchase price of KRW 39 million and damages for delay.

B. As to this, the Defendant asserted that “the instant reservation is null and void by a false declaration of intent made by a conspiracy, and both the net D have returned deposit amounting to KRW 39 million.”

C. On June 14, 2017, the court of first instance rendered a judgment dismissing the Plaintiff’s claim by recognizing the Defendant’s assertion. D.

The Plaintiff appealed against this and appealed as Seoul Northern District Court 2017Na35081, but the appellate court: (i) transferred KRW 39 million to the Defendant under the instant trade promise on July 8, 2013; (ii) the Defendant re-exploded the full amount of KRW 39 million after receiving the said transfer from the network D; and (iii) made the J transfer of KRW 20 million out of KRW 39 million to the K bank account in the name of the network; (iv) returned the remainder of KRW 19 million on July 9, 2013 to the network D; and (v) deposited the said KRW 19 million in the account in the name of the network bank in the name of the network D bank on July 10, 2013.

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