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Reasons
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(영문) 인천지방법원부천지원 2019.07.19 2018가합104428
원상회복청구의 소
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1. As to the Plaintiffs, Defendant C’s KRW 181,00,000, and Defendant D’s KRW 169,000,000 and each of the said money from June 1, 2018.

Reasons

1. Facts of recognition;

A. The Defendants’ sales contract and sales price payment 1) Defendant C is the building listed in the separate sheet No. 1 (hereinafter “instant E”) on November 29, 2016.

2) As to the sale price of the building in lots as KRW 588,00,000, Defendant D’s building listed in [Attachment List No. 2] on the same day (hereinafter “instant F”).

(1) The sales contract of this case is set at KRW 549,00,000, and the sales price of this case was sold by Non-party L/C and H, each seller of this case (hereinafter referred to as “instant sales contract”).

2) Of the sales proceeds under the instant sales contract, Defendant C paid a total of KRW 176,400,000 to each seller, and Defendant D paid a total of KRW 164,700,00 to each seller.

B. On December 6, 2017, the Plaintiffs and the Defendants’ payment 1) were pharmacists, and the Defendants were introduced through Nonparty I’s mother. (2) On December 6, 2017, the Plaintiffs concluded each sales contract to purchase the sales right under the instant sales contract from the Defendants and the Defendants (hereinafter collectively referred to as “instant sales contract”), and the sales price was the same as the instant sales contract.

In addition, among the sales contract amount of this case, the part that the Defendants already paid to the seller of the sales contract of this case was actually paid to the Defendants (Defendant C 176,400,000 won with respect to the title of this case, and Defendant D164,70,000 won with respect to the title of this case).

3) The Plaintiffs paid Defendant C totaling KRW 164,700,000, KRW 88,200,000 on December 6, 2017, and KRW 176,40,00 on January 3, 2018, and KRW 176,40,000 on December 5, 2017, and KRW 77,350,000 on December 6, 2017, and KRW 164,700,000 on January 3, 2018, and KRW 164,70,000,000 on each of the instant sales proceeds, in addition to the sales proceeds in this case, the Plaintiffs paid KRW 181,00,000 on each of the instant sales proceeds. 4) separately from the sales proceeds in the instant sales contract, the Plaintiffs paid KRW 100,000,000 on each of the instant sales proceeds.

inclusive. . ....

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