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(영문) 대전지방법원 2018.08.20 2017나113660
매매대금반환
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

3. The judgment of the court of first instance is ordered.

Reasons

1. Basic facts

A. On July 6, 2015, the Plaintiffs purchased real estate listed in the separate sheet (hereinafter “instant real estate”) in which the Defendants shared 1/2 shares, between the Defendants and the Defendants, in the purchase price of KRW 1.345 million, and the down payment is set at KRW 20 million, and the intermediate payment is replaced by the acquisition of KRW 450 million in total of the secured loan obligations to the Han field Saemaul Depository and the lease deposit obligations of each household, and the remainder is set at KRW 76 million in total (hereinafter “instant sales contract”).

B. According to the instant sales contract, the Plaintiffs actually paid the sum of KRW 19 million in total of the down payment and the remainder. However, the Defendants leased KRW 403 of the instant real estate (hereinafter referred to as “each household”) with KRW 60 million in total, monthly rent of KRW 5 million in total, and deducted KRW 60 million from the purchase and sale price, and the Defendants agreed to directly receive KRW 10 million in total by leasing KRW 10 million in lease deposit and KRW 301 in public room (hereinafter referred to as KRW 10 million) on July 13, 2015 (= KRW 119 million in total - KRW 60 million in total - KRW 10 million in the name of each of the Plaintiffs on July 15, 2015). The Defendants completed the registration of transfer of ownership in their respective names.

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

[401] In the case of subparagraph 401, F, the former owner of the instant real estate (in the name of G as an injury to the registration of real estate, but the actual owner was F

) After the transfer of ownership to the Defendants, the instant real estate still has been leased KRW 30 million, monthly rent of KRW 350,000,000 to the Defendants.

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