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(영문) 서울중앙지방법원 2015.06.17 2015가합2947
보관금반환
Text

1. The Defendants jointly share KRW 200,000,000 with respect to the Plaintiff and Defendant B from May 14, 2008 to February 2, 2015.

Reasons

1. Basic facts

A. On January 16, 2008, the Plaintiff entered into a real estate sales contract with D Religious Organization E branch (hereinafter “Nonindicted church”) to sell the sale price of KRW 3 billion (the amount calculated by setting the price per square day as KRW 10 million and calculated by setting the price per square day) of the total size of F, G, H, and three parcels of land in the Nam-gu Incheon Metropolitan City owned by the Plaintiff to the purchase price of KRW 91.9m (hereinafter “instant land”).

(hereinafter referred to as “the instant sales contract.” On the other hand, the Nonparty church concluded a real estate sales contract with the said JJ 330.8m2 on the same day to purchase the purchase price of KRW 850 million (the amount calculated as KRW 8.5 million at the usual price).

B. On May 13, 2008, when the non-party church paid to the plaintiff a part of KRW 310 million out of the above purchase price, Defendant B and the head of the non-party church, who is the non-party church, shall claim that I, although the plaintiff and the non-party church decided to sell the land of this case and the above land owned by I, it shall be sold at KRW 8,50,000,000,000 in ordinary, even though I decided to sell the land of this case and the above land owned by the non-party church, it shall be demanded to pay the purchase price of KRW 150,000,000,000. Accordingly, the plaintiff was not related to the purchase and sale of land owned by I, and the defendants paid KRW 31,00,000,000,000 to the plaintiff on the day, the plaintiff prepared a custody certificate in the name of the defendants as to the remaining KRW 200,000,000,00.

C. After that, the plaintiff filed a lawsuit against the non-party church on October 12, 2010 against the Seoul Central District Court 2009Gahap12776, and was sentenced to a judgment in favor of the plaintiff on October 12, 2010. The above judgment became final and conclusive at that time. The plaintiff's purchase price from the non-party church on May 13, 2008.

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