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(영문) 인천지방법원 2021.01.08 2019가합59652
계약금반환 등 청구의 소
Text

1. The Defendants shall be jointly and severally and severally liable to the Plaintiff A for KRW 43,169,153 and KRW 331,192,936 and each of them shall be jointly and severally liable to the Plaintiff B.

Reasons

1. Basic facts

A. Defendant C (hereinafter “Defendant C”) as the party to the dispute entered into a management trust contract for the instant land and the instant commercial building as trust property, and completed the registration of the transfer of ownership in the name of Defendant D, the trustee, around August 28, 2017, with the Defendant C as the truster and beneficiary, and the Defendant D Co., Ltd (hereinafter “Defendant D”) as the trustee, as the executor of the new construction and sale business for G neighborhood living facilities (hereinafter “instant commercial building”) located in G on the ground of the Seo-gu Incheon Metropolitan City (hereinafter “instant land”) (hereinafter “instant land”). On August 31, 2017, Defendant C entered into a management trust contract for the instant land and the instant commercial building as trust property, and on August 31, 2017, as to the instant land in accordance with the said trust contract.

On the other hand, the plaintiffs are those who sold the heading room of the commercial building of this case from Defendant C or Defendant D.

B. On October 19, 2017, Plaintiff A entered into a sales contract with Defendant C to purchase the instant commercial building I from KRW 408,100,000, and paid the Defendants the down payment amount of KRW 81,620,000 (= KRW 40,810,000 on October 19, 2017).

2) Plaintiff B, from Defendant C, on March 10, 2017, KRW 1,080,140,000 for the sale price, and the same year.

9. On January 26, 200, the sales contract was concluded to purchase the instant subparagraph’s KRW 322,442,00, and the sales contract was concluded to purchase the instant subparagraph’s KRW 646,714,00, respectively, and to the Defendants as the down payment and intermediate payment with respect to the instant subparagraph’s subparagraph (i.e., KRW 324,030,000 on January 10, 2017) (i.e., KRW 20,000 on February 30, 2017, KRW 320,000 on February 17, 2017, KRW 40,000 on March 7, 2017.

9. Plaintiff B appears to have remitted KRW 8,014,00 to the Defendants on March 9, 2017 (No. 10-5), but the fact that Plaintiff B paid KRW 324,030,000 to the Defendants as down payment and intermediate payment does not conflict between the parties.

Payment of KRW 216,020,00 on June 12, 2017 shall be made, and this case shall be made on September 26, 2017.

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