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(영문) 서울중앙지방법원 2014.05.09 2012가단302496
계약금반환 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 17, 2012, C entered in blank as “the delegation letter: the person entrusted with the Defendant: Gyeonggi-do E, F, G, H (1428 square meters), road equity I (62 square meters)”. On the next day, C received a copy of the Defendant’s certificate of personal seal impression and identification card issued on the same date as the Defendant’s name on which the Defendant’s seal impression is affixed, and on the same day, C purchased from the Defendant’s agent in the name of the husband in Gyeonggi-gun E, F, G, and H land (hereinafter “instant land”) KRW 215 million from the purchase price to the other party (including the right to use the leased land as an access road, and the contract deposit is also included), and the buyer may not claim the remainder of the contract deposit to the other party, and the buyer may not claim the remainder of the contract deposit from the buyer until the remainder of the contract deposit is revoked, and the buyer may not claim the remainder of the contract deposit to the seller (the remainder of the contract deposit to the other party).

(hereinafter referred to as “instant sales contract”). (b)

C transferred KRW 30 million from the Plaintiff’s bank account to the Defendant’s account on the day of the contract to the contract deposit under the instant sales contract.

C. Meanwhile, on August 22, 2012, the Defendant completed the registration of ownership transfer on the ground of sale on the 20th of the same month.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-4, Gap evidence 2-4 and the purport of whole pleadings

2. Issues and judgments

A. The key issue of this case is that the Plaintiff obtained a letter of delegation accompanied by a certificate of the personal seal impression from the Defendant.

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