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Reasons
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(영문) 창원지방법원진주지원 2017.11.14 2016가단36344
보관금반환
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1. The plaintiff's claim of this case against the defendants is dismissed.

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

Reasons

1. Basic facts

A. On October 7, 2014, the Plaintiff concluded a sales contract for the store No. 113 of the instant building (hereinafter “instant building”) with the Jinju-si Building (hereinafter “instant building”).

(1) The Defendants sharing the instant building 113 stores (hereinafter “13 stores”)

(2) On December 3, 2014, the Plaintiff: (a) concluded a sales contract with the Defendants to pay KRW 673,500,000 for the remainder of KRW 606,150,000 for the sales price, and (b) paid KRW 67,50,000 for the remainder of KRW 606,50,00 for the sales contract to be paid within the designated period of the sales contract; and (c) paid KRW 67,50,000 for the down payment as the down payment.

B. On November 11, 2014, the Plaintiff sold the instant building No. 1111 to Nonparty I and the instant building No. 111 (hereinafter “No. 111”).

(2) Each one half of the shares of the Defendants were sold in lots from the Defendants in KRW 682,00,00,000, and thereafter, as Nonparty I transferred his rights to Nonparty J, the Plaintiff and J became entitled to the above 111-half of the stores. 2) On December 3, 2014, the Plaintiff: (a) on December 3, 2014, the Plaintiff and J as a joint purchaser, sold the store of KRW 111 to KRW 682,00,00,000; and (b) on the date of the contract, the remainder of KRW 613,820,000,000 was written as down payment, and paid KRW 34,10,000 as down payment (=68,200,2000,000).

C. While preparing the instant promise implementation document, as a result of the change of pressure inside the store No. 113 at the time of the completion of the instant building, there was a debate between the Plaintiff and the Defendants on the termination of the sales contract for the store No. 113. However, on March 2016, the Plaintiff agreed to purchase the entire store including J shares among the stores No. 1111, and on the issue of processing the sales price for the store No. 111 and 113, the following contents of the promise implementation document are as follows.

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