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(영문) 서울고등법원 2016.01.13 2015나2024735
계약금반환 청구의 소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiffs,O, and V concluded a construction contract with the Defendants on April 10, 2012 in order to remove the old apartment house and implement a reconstruction project that newly constructs 24 households on the site of the instant apartment house built on the ground of the Seoul Special Metropolitan City, Nowon-gu (hereinafter “instant apartment house”). At the time of the completion of the construction, the owners of the instant apartment house provided one household after the completion of the construction project, and agreed to pay 42 million won for each household’s share and 8 households for the construction cost to the Defendants.

B. According to the instant construction contract, around April 2012, the Plaintiffs deposited KRW 150 million with the Plaintiff, the representative of the Plaintiff, who received a loan as security of the instant tenement house from the Gwangju Life Savings Depository (hereinafter “instant mortgage loan”). (However, Plaintiff I’s deposit amount is KRW 30 million), and approximately KRW 1.2 billion out of them were paid to the Defendants, and the Plaintiffs (excluding Plaintiff I) were returned KRW 80 million each for the moving expenses without compensation.

C. In order to implement the instant construction contract, the Defendants purchased some households owned by them from some of the owners of the instant tenement housing in the name of the Defendants related persons, and completed the registration of ownership transfer.

Specifically, on June 14, 2012, N (the representative X of NJ) set the purchase price for the above household from M, the owner of the instant apartment house 101, as KRW 230 million, and P (the management directorYYYYY Y) from P on May 31, 2012, the owner of the instant apartment house 105, and on June 7, 2012, the sales price for each of the above households from Q, the owner of the instant apartment house 107, as KRW 230,000,000,000 from Q, the owner of the instant apartment house 105, and S (related to the Defendant) from R, the owner of the instant apartment house 305, June 26, 2012.

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