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(영문) 서울동부지방법원 2018.01.12 2017가단125307
매매대금반환
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s husband and wife, the Defendant D, and the Nonparty E are aware of for at least 30 years and have come home.

B. On October 20, 2016, Plaintiff A entered into a sales contract with Defendant C (Defendant D’s children) with the content that he/she purchases KRW 200 million for the purchase price (hereinafter “instant sales contract”). On October 31, 2016, Plaintiff A entered into a sales contract with the Plaintiff, in the total of KRW 578 square meters of 72.2 square meters and G 433 square meters of forests and fields (the share 181.8/3 of Defendant C, and the share 251.2/3 of the aforesaid E43; hereinafter “instant 2 land”). Plaintiff A entered the sales contract with the Plaintiff as the broker of Songpa-gu, Seoul, stating that the sales contract was a total of KRW 50 million for down payment, intermediate payment, and remainder on November 31, 2016, KRW 40 million,000,0000,000,0000,000,000 won for the instant real estate broker and the Plaintiff’s assistant to the sales contract.

On the other hand, Plaintiff B transferred KRW 10 million to Defendant D’s deposit account in relation to the instant sales contract on October 25, 2016.

The Plaintiffs asserted that Defendant D paid KRW 10,000 to the Plaintiff B separately from the purchase price by requesting that Defendant D make it possible for the Plaintiff B to purchase such good land at a significantly lower level than the market price, and that Defendant D paid the same separately from the purchase price.

C. Meanwhile, on November 27, 2015, prior to the sale and purchase transfer of the instant land, among the instant land No. 1 and the instant land No. 2, a decision to commence compulsory auction was rendered to the Suwon District Court with respect to the shares owned by Defendant C, and thereafter, the said decision to commence compulsory auction was conducted on June 15, 2016, and the said request for auction was withdrawn on June 15, 2016. However, in the said auction procedure, the initial appraisal price was KRW 84,337,80 ( KRW 3.60,00

(A) After a single inspection, an appraiser shall be KRW 59,036,00 for the first time, approximately KRW 260,00 for the first time). [Ground for recognition] A has no dispute, entry in Gap 1 through 9, and Eul 2, and oral arguments.

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