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Reasons
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(영문) 수원지방법원안양지원 2015.06.26 2014가합102413
대여금반환 청구의 소
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1. Defendant B’s share of 6,612/32,02 of the real estate listed in the separate sheet from the Plaintiff is due to sale and purchase.

Reasons

1. Facts of recognition;

A. On November 25, 2002, the Plaintiff purchased 2,000 of the real estate stated in the separate sheet from E Co., Ltd. (hereinafter “E”) for which Defendant C was working as the representative director on November 25, 2002 at the recommendation of Defendant B and C, and around that time, paid KRW 200,000,000 of the purchase price to E.

B. At the time of the conclusion of the above sales contract, E, on the ground that the division of the real estate listed in the separate sheet was not yet made, had the Plaintiff first transferred the ownership of the pertinent land among the instant land and agreed to divide the ownership of 6,612/32,02, and at the same time, the Plaintiff first completed the registration of ownership transfer as to the 6,612/32,02 shares out of the land listed in the separate sheet (hereinafter “instant land”).

C. At the time of the conclusion of the above sales contract, Defendant B and C promised to sell the instant land to the Plaintiff at a lower price than the purchase price paid by the Plaintiff, and thereafter, the Plaintiff, who did not comply with the initial installment agreement or sales agreement, demanded that Defendant B and C sell the instant land to a third party or directly purchase the instant land. Accordingly, Defendant B sold the instant land to a third party at KRW 400,000,000, and the Plaintiff agreed that he would directly purchase the instant land at KRW 400,000,000 if it fails to comply therewith.

Accordingly, on December 26, 2004, Defendant B prepared a cash custody certificate to the effect that “400,000,000 won from the Plaintiff shall be kept from December 26, 2004 to December 26, 2013 (whichever is earlier)” and issued it to the Plaintiff, and Defendant C guaranteed Defendant B’s debt under the said cash custody certificate.

E. Meanwhile, the Plaintiff: (a) on March 29, 2007, KRW 50,000,000; (b) on March 30, 2007, KRW 50,000,000; and (c) on May 4, 2007, KRW 30,000,000; and (b) on October 30, 2007, KRW 160,000 in total, KRW 50,000,000 in KRW 50,000,000 in total; and (c) on March 30, 200, KRW 30,000 in total, KRW 300,000 in total,000 in total; and

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