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(영문) 서울중앙지방법원 2015.12.10 2014가합519240
계약금 등 반환 청구
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On July 25, 201, Plaintiff A and his husband’s husband He purchased a building of 1,85.1 square meters and a building of 1,80,000 square meters and above ground (hereinafter “instant real estate”) with the Defendant in Seopoposi-si, Seopo-si (hereinafter “instant real estate”), and concluded a sales contract with the Defendant to pay the down payment of KRW 250,000,000 on the date of the contract, while the first intermediate payment of KRW 500,000 on the date of the contract, and the second intermediate payment of KRW 50,00,000 on the date of December 20, 201 (hereinafter “instant sales contract”).

B. The Plaintiff A, the network E, and the Defendant paid KRW 100,000,000 out of the first intermediate payment of KRW 500,000,000 as the terms of the instant sales contract, as the terms of the agreement, and maintained the current status of the copy of the register until the remainder is paid. At the time of the conclusion of the instant sales contract, the instant real estate was not set on collateral security, etc.

C. On July 25, 201, Plaintiff A and the network E paid KRW 100,00,000 out of the first intermediate payment on July 28, 201, and KRW 100,000,000 to the Defendant.

On November 29, 2011, the Defendant created the first right to collateral security (hereinafter “the second right to collateral security”) with respect to the instant real estate, which is worth KRW 1,650,000, the amount of the maximum debt, and the amount of the first right to collateral security (hereinafter “the first right to collateral security”) on July 29, 201. On July 29, 2013, the Defendant cancelled the first right to collateral security (hereinafter “the second right to collateral security”).

E. The network E died on November 14, 2013, and the Plaintiff B and C, the wife, succeeded to the rights and obligations of the network E, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 3 and 4, Gap evidence 5-1 and 5-2, the purport of the whole pleadings

2. On November 22, 2011, the Plaintiffs’ assertion E collected KRW 350,00,000, which was already paid as down payment, etc. to G with the actual lead of the conclusion of the instant sales contract, in a de facto marital relationship with the Defendant.

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