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(영문) 수원지방법원 2018.10.11 2017가단527670
매매대금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The Plaintiff’s assertion that the Plaintiff would purchase 105 units of the E building in Masung-si, and the first priority to F is to purchase the building KRW 10 million on May 27, 2015, KRW 50 million on May 28, 2015, KRW 50 million on the same month, and the same year.

6. 1.20 million won was paid in total to KRW 80 million.

After that, on June 3, 2015, the Plaintiff decided to purchase the said real estate from the Defendants through F on behalf of the Defendants. Of the down payment of KRW 100 million, KRW 10 million, the Defendants’ account, and KRW 50 million, to the G account of a stock company G, which was notified by F on June 5, 2015, and KRW 20 million, to the Defendants’ account on the same day, and the remainder of KRW 20 million, to the Defendant’s account on the same day.

After that, even though the Plaintiff rescinded the above sales contract, the Defendants returned only KRW 30 million deposited to their own account out of the down payment that the Plaintiff paid.

Therefore, the Defendants are obligated to refund KRW 50 million and damages for delay paid by the Plaintiff to the G account of the Plaintiff, among the down payment paid by the Plaintiff.

B. We examine the judgment of the court below, Gap evidence No. 4 (F's statement) and witness F's testimony are sufficient to obtain a certain power of representation from the defendants as to the sale of the above real estate.

It is difficult to recognize that the real estate sales contract between the Plaintiff and the Defendants was concluded, and there is no other evidence to acknowledge it.

(In particular, the F’s statement states that the purchase price of the instant real estate is KRW 50 million, contrary to the Plaintiff’s assertion, and thus, it is difficult to believe more than KRW 50 million. Rather, comprehensively taking account of the overall purport of the pleadings in the respective descriptions of the evidence Nos. 5 and Nos. 1 through 6 (including each number number), the amount of KRW 50 million asserted by the Plaintiff was deposited into G’s account, which is not the Defendants’ real estate purchase price account, rather than the Defendants’ real estate purchase price account; H was liable for the borrowed amount of KRW 50 million against G on January 29, 2015; and G was a stock company from the above loan to June 2015.

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