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(영문) 의정부지방법원 고양지원 2017.04.28 2016가합71549
매매대금반환
Text

1. The plaintiffs' respective claims against the defendants are dismissed in entirety.

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

Reasons

1. Basic facts

A. Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company operating a comprehensive automobile maintenance and management business, etc., and Defendant D is a person who actually operates the Defendant Co., Ltd.

Defendant Company is the owner of each real estate listed in paragraphs 1 through 7 of the attached Table since December 29, 2008 or June 1, 2015, and Defendant D is the owner of each real estate listed in paragraph 8 of the attached Table since November 9, 2012.

(hereinafter referred to as “instant real estate” in the attached list, and each of the lands listed in the attached list Nos. 1, 3, 4, 6, 7, and 8, in total, shall be collectively referred to as “instant land,” and each of the buildings listed in the attached list Nos. 2 and 5 shall be referred to as “the instant ground buildings.” (b)

On September 10, 2015, the Plaintiffs decided to purchase the instant real estate from the Defendants. On the same day, the Plaintiffs prepared a real estate sales contract (i.e., evidence No. 2-1; hereinafter referred to as “first sale contract”) with the terms and conditions that “the seller, the purchaser, the purchaser, the real estate indicated in [Attachment List No. 1 to 7], the purchase price of KRW 96 million (payment of KRW 6 million upon entering into a contract; KRW 900,000,000,000)” and “the sales contract entered into between the Plaintiffs and the Defendant pursuant to the said real estate sales contract and the seller,” and “the seller, the purchaser, and the purchaser, KRW 94,00,000,000,000 for the land indicated in [Attachment List No. 8] of the subject matter of sale and purchase (i.e., payment of the remainder, KRW 4,00,00,00 for the contract)” and “Defendant No. 2D” (hereinafter referred to each real estate sales contract.

(hereinafter collectively referred to as “instant sales contract.” The Plaintiffs, as a down payment on September 10, 2015, pay each of the KRW 6 million to Defendant Company and KRW 4 million to Defendant D for the purpose of the down payment, and on October 13, 2015, each of the real estate listed in the separate sheet Nos. 1 through 7, 2015.

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