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(영문) 대전지방법원 2017.09.22 2016가단224531
매매대금반환
Text

1. The defendant (Appointed) and the appointed parties E shall each be from 15,000,000 won to each of the respective resources groups and from 7 December 2016.

Reasons

1. Basic facts

A. On July 6, 2015, the Plaintiffs entered into a sales contract with the Defendant (Appointed Party; hereinafter the same shall apply) D and the Selection E (which shall be between husband and wife and the Defendant, etc.; hereinafter the same shall apply) to purchase the real estate listed in the separate sheet (hereinafter the instant real estate) in which the Defendant, etc. share 1/2 shares, respectively, with the purchase price of KRW 1.345 million (the contract amount of KRW 20 million, the intermediate payment shall be KRW 450 million, the intermediate payment shall be the acquisition of KRW 40 million, the total amount of the security loan obligations to the Han field Saemaul Savings Depository, and KRW 76 million,000,000,000,000 for each household’s lease deposit, instead of taking over KRW 99,000,000,000,000,000).

(hereinafter “instant sales contract”). B.

According to the above sales contract, the plaintiffs actually pay 19 million won in total the down payment and the balance, but the defendant, etc. leases 403 of the real estate of this case (hereinafter referred to as "each household name, only the number of houses shall be abbreviationd) to 60 million won in the rent deposit and 5 million won in the monthly rent, and deducts 60 million won in the rent, and the defendant, etc., who is a public room, leases 301 in the rent of 10 million won in the rent deposit and directly receives 10 million won in the rent deposit. The two parties agree that the defendant, etc., who is a public room, shall lease 301 won in the rent of 10 million won in the rent deposit and directly receive 19 million won in the rent deposit, the remaining 49 million won in July 13, 2015 (19 million won - 60 million won in the rent - 10 million won in the name of each of the plaintiffs on July 15, 2015.

C. However, the following facts were revealed that the amount of actual lease deposit with respect to the following four households out of the instant real estate was more than the amount acquired by the Plaintiffs at the time of the instant sales contract, and the specific details are as follows.

At the time of the instant sales contract with the name of the household, the amount of the deposit received by the Plaintiffs at the time of the instant sales contract is 205,000,000 won for lease deposit of 705,000 won for lease deposit of 80,000 won for lease deposit, but the lease deposit for the previous lessee is terminated.

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