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(영문) 서울중앙지방법원 2017.07.21 2016가합543636
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The plaintiff A is the denial of D, and the plaintiff B and the defendant are the plaintiff A and D's children.

B. D owned the Seocho-gu Seoul Metropolitan Government Ground Building (hereinafter “instant building”). On April 3, 2015, KONA Co., Ltd. concluded a sales contract with the effect that KRW 3,980,000,000 of the instant building was to be paid on April 3, 2015, and KRW 400,000 of the sales price, and the contract deposit amount of KRW 1,00,000 of the intermediate payment, KRW 1,00,000 on the date of the contract, and the intermediate payment of KRW 2,580,000 on April 30, 2015, and the remainder amount of KRW 2,580,00,000 was to be paid on June 15, 2015, and NON A Co., Ltd completed the registration of ownership transfer on the instant building on June 2, 2015.

C. (1) On April 3, 2015, KRW 400,000 of the down payment was deposited in D’s national bank account (F). From the above national bank account to the Defendant’s new bank account (G) on April 13, 2015, KRW 280,000 was deposited in the Defendant’s new bank account (H) on April 30, 2015; KRW 1,000,000 of the intermediate payment was deposited in the Defendant’s new bank account on the same day; KRW 120,000,000 from the said new bank account to the Defendant’s new bank account; KRW 10,000,000,000 was deposited in the Defendant’s new bank account on the same day; KRW 100,000,000,000 deposited in the Defendant’s new bank account with the Defendant’s Defendant’s wife’s New bank account; KRW 100,000,00 for the Defendant’s bank account.

3) Of the intermediate payment, KRW 450,00,000 was transferred from April 30, 2015 to the new bank account (L) account of Plaintiff A, and KRW 154,00,000 was transferred from the said new bank account to the law firm on May 19, 2015, and KRW 10,965,700 was deposited into the cashier’s checks. 4) Of the intermediate payment, KRW 20,00,000 was transferred from the said intermediate payment to the bank account of Plaintiff A’s East F&C on April 30, 2015.

D A died on June 18, 2016 at around 02:00

(hereinafter referred to as “the deceased”). [The ground for recognition] The fact that there is no dispute, each entry of Gap evidence 1 through 6, the purport of the whole pleadings.

2. The defendant's judgment on the defendant's main defense is against his will, and the plaintiff B files a lawsuit on behalf of the plaintiff A.

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