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(영문) 서울북부지방법원 2015.02.05 2014가단18282
매매대금반환등
Text

1. Defendant C: (a) KRW 876,712 to Plaintiff A, as well as 5% per annum from May 20, 2014 to February 5, 2015; and (b)

Reasons

1. Basic facts

A. The plaintiffs are married, and the defendants are women.

B. The Plaintiff originally owned Nonparty G’s ownership of 119,107 square meters and 7,041 square meters of forest land (hereinafter “instant land”). The Defendants purchased 1/2 shares of the instant land in the voluntary auction procedure on June 20, 2006 and completed the registration of ownership transfer in the name of the Defendants on August 7, 2006.

C. On November 18, 201, Nonparty H entered into a sales contract on behalf of the Defendants for the purchase of the instant land on behalf of the Plaintiffs, and prepared the following documents with Defendant C:

(hereinafter “instant sales contract”). The down payment shall be determined as KRW 50 million in the actual contract, and the remainder shall be paid on November 18, 201, and the remainder shall be paid on December 7, 201, respectively. Of the down payment, KRW 180 million in the amount of KRW 20 million in the remainder and KRW 30 million in the down payment shall be remitted to Defendant C, and KRW 170 million in the remainder and KRW 30 million in the down payment shall be remitted to H.

The down payment of the reported rental contract shall be KRW 20 million and the balance shall be KRW 180 million.

The Defendants shall provide the Plaintiffs with two copies of each written consent, land use consent, and certificate of seal imprint when paying the remainder.

this document shall be maintained by the broker and shall be discarded upon any balance.

(Prohibition of Reproduction). D.

On November 18, 201, the Plaintiffs remitted KRW 20 million to Defendant C’s deposit account, and KRW 30 million to H’s deposit account. On December 8, 2011, the Plaintiffs remitted KRW 70 million to H’s deposit account, and KRW 180 million to Defendant C’s deposit account. On December 9, 2011, the Plaintiffs paid KRW 100 million to the Defendants in cash, thereby paying KRW 40 million under the instant sales contract.

E. On December 12, 2011, the Plaintiffs completed the registration of ownership transfer under the Plaintiff’s name with respect to Defendant C’s 1/2 shares among the instant land, and the Plaintiff’s 1/2 shares under the Plaintiff’s name with respect to Defendant D’s 1/2 shares. The Plaintiffs and the Defendants reported real estate transactions with respect to the instant land.

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