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Reasons
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(영문) 서울고등법원 2015.07.24 2014나40635
약정금 등
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1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff, Defendant B, and C’s joint purchase of real estate 1) and Defendant B, on March 3, 2006, are each real estate listed in G (former name: H) and attached Table 2 (hereinafter “each real estate of this case”) from the Plaintiff, Defendant B, and Defendant B.

A) B purchased KRW 1.65 billion, and the down payment of KRW 300 million on the date of the contract, the intermediate payment of KRW 300 million on March 22, 2006, and the remainder of KRW 1.05 billion on April 20, 2006 entered into a sales contract with each of the payment on April 20, 2006 (hereinafter “instant sales contract”).

() The Plaintiff paid the sum of KRW 20 million and KRW 100 million prepared by Defendant B as the down payment, and the column of the sales contract entered in the column of the buyer was “Nonindicted J and one other.” The J is the Plaintiff’s wife, and the name of Defendant B and C was additionally entered in the lower part of the buyer’s column. 2) Defendant C also participated in the purchase of each of the instant real estate and paid intermediate payment of KRW 300 million to the seller on March 22, 2006. In the application for permission for the land transaction contract of March 23, 2006, each of the instant real estate, KRW 1 through 750 million, and KRW 8 through 100,000,000, KRW 1 to 750,000,000, KRW 300,000,000, KRW 11 and 1260,000, respectively.

3) The sales contract signed on March 31, 2006, prepared on March 31, 2006, entered that the Plaintiff purchased each of the instant real estate in the amount of KRW 715 billion, KRW 8,9,100 million, KRW 50 million, KRW 11,120 million, and KRW 43,500,000 by Defendant C purchased each of the instant real estate. The joint collateral security for each of the instant real estate was completed on March 31, 2006. (B) The Plaintiff, Defendant B, and C were to pay the remainder of the sales of each of the instant real estate on March 31, 2006 from Han Bank (hereinafter “I Bank”) to Defendant C as the debtor, and appropriated the remainder of KRW 1,30,000,000,000,000,000 for the remainder of each of the instant real estate in the name of each of the instant parties.

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