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Reasons
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(영문) 수원지방법원 2014.02.20 2013가단206920
정산금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C completed the registration of ownership transfer as the receipt No. 21976, Jun. 17, 1996, with respect to the area of 2,056 square meters (hereinafter “instant land”).

B. On August 18, 2004, C concluded a contract to sell the instant land to H and two other persons acting by F (hereinafter “instant contract”) under the brokerage of Licensed Real Estate Agent E (hereinafter “C”) (hereinafter “instant contract”).

C. Upon entering into the instant contract, C and H and two other parties agreed to pay the down payment of KRW 100 million at the time of the contract, the intermediate payment of KRW 300 million by August 30, 2004, and the remainder of KRW 47 million by September 24, 2004.

On August 18, 2004, the down payment of the contract of this case was paid from the new bank account (Account Number I) in the name of G to the J account of the above seller’s agent.

E. After the conclusion of the instant contract on August 18, 2004, G sent to the Defendant the instant contract and the written contract establishing the right to collateral security between the Defendant and E by facsimile.

F. G. (1) The Plaintiff deposited KRW 10 million on September 9, 2004, KRW 5 million on September 10, 2004, KRW 65 million on September 22, 2004, KRW 65 million on a total, and KRW 20 million on August 27, 2004, KRW 50 million on September 23, 2004, and KRW 100 million on a total.

G. H completed the registration of ownership transfer based on sale on September 24, 2004, No. 71888, which was received on September 24, 2004, as to the instant land.

H. On September 24, 2004, the Pakistan Livestock Cooperatives completed the registration of the establishment of a neighboring livestock cooperative consisting of the maximum debt amount of 350 million won, the debtor H/mortgage and the mortgagee-mortgage livestock cooperative, under the Act No. 7189, Sept. 24, 2004 regarding the instant land.

I. As to the instant land, the Defendant and E (hereinafter “the maximum debt amount”) No. 7225, Sept. 30, 2004, which was received on September 30, 2004 by the same registry office, is 40 million won, and the Defendant and E (hereinafter “the right to collateral security”).

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