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(영문) 대전지방법원 2015.07.14 2014나18573
매매대금반환 등
Text

1.The judgment of the first instance shall be modified as follows:

Defendant B and C jointly with the Plaintiff KRW 5,000,000.

Reasons

1. Basic facts

A. The Defendant B and the Defendant C, a child of the deceased, jointly inherited the instant real estate, and the instant real estate (hereinafter “instant real estate”) owned Nonparty 1’s net F (hereinafter “the network”). As a result of the death of the deceased.

B. Defendant B and Defendant C delegated the conclusion of a sales contract for the instant real estate to Nonparty G, the village head, and G requested Nonparty H, who is engaged in real estate brokerage business, to sell the instant real estate.

C. On September 22, 2006, the Plaintiff requested Nonparty I and J to purchase the instant building, and paid KRW 1.4 million as down payment.

On September 22, 2006, with respect to the instant building, the Plaintiff’s agent J, Defendant B, Defendant C’s agent G, and H concluded a sales contract with the effect that the seller shall pay the deceased, the purchaser the purchase price at KRW 9.5 million, and the down payment at KRW 1.4 million on the date of the contract, and that the seller shall pay the down payment at KRW 1.4 million on the date of the contract. By December 30 of the same year, after completing the inheritance registration of the instant real estate, the procedures for ownership transfer registration of the instant real estate shall be fulfilled, and the remainder shall be paid at KRW 8.1

G received 1.4 million won down payment from J and delivered 1 million won out to Defendant B.

E. On September 24, 2006, the Plaintiff paid KRW 3.6 million to G as the intermediate payment group, and G transferred KRW 2 million to the Defendant B.

G issued a receipt to the Plaintiff on the above date, but the above receipt stated that G received KRW 3.6 million as the agent of B.

G amended the sales contract on September 24, 2006, September 24, 2006, which was the date of the intermediate payment, and stipulated in the contract that the Plaintiff pays the remainder of 4.5 million won until December 30, 2006, and the seller permits the Plaintiff to repair the instant real estate or to move a part of the instant real estate.

F. B sent 3 million won received from G, etc. to Defendant C.

G. As to the instant building on August 2, 2007, the Defendant C’s name.

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