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(영문) 서울서부지방법원 2019.01.09 2018가단9671
보관금
Text

1. When the Defendant sells real estate listed in the attached list, it shall be the Plaintiff’s KRW 60 million and the above sale date.

Reasons

1. Basic facts

A. On August 14, 2014, the Plaintiff and the Defendant limited intellectual functions to Grade C with mental disorders on August 14, 2014, and the Plaintiff and the Defendant, as well as Category C with D large scale D large scale D large scale D large scale D 631 square meters and above-ground single-story houses owned by the Defendant and the Defendant (hereinafter the above land and buildings, collectively referred to as “instant D real estate”).

(1) Of the sales proceeds, KRW 1/2 of the sales proceeds amounting to KRW 570 million, KRW 50 million, KRW 50 million, and KRW 70 million, out of the remainder of KRW 520 million, shall be paid at the time of a contract, and the remainder of KRW 70 million, out of the remainder of KRW 520 million, shall be leased from the Plaintiff and the Defendant on the same day in lieu of the payment of deposit deposit, and the remainder of the remainder shall be paid on September 19, 2014 (hereinafter “instant sales contract”).

(2) The Plaintiff concluded a contract deposit with the Defendant (i.e., KRW 50 million x 1/2). The Plaintiff agreed to lend the contract deposit to the Defendant (i.e., KRW 50 million x 1/2), and around that time, paid the down payment KRW 50 million to C.

3) On September 2, 2014, the Plaintiff and the Defendant: (a) completed the registration of ownership transfer on the portion of 1/2 of the instant D real estate due to the said sale; (b) on the same day, the obligor, the Defendant, and the maximum debt amount of KRW 650 million were set up in the future of the E Union; (c) borrowed KRW 50 million from the E Union; and (d) paid KRW 450 million out of them to C as sales balance; and (d) thereafter, the Defendant repaid all of the KRW 25 million borrowed from the Plaintiff for the payment of the down payment of the instant sales contract, including remitting KRW 10 million to the Plaintiff on February 24, 2015, and KRW 450,000 from March 4, 2015.

B. C’s purchase of F real estate in this case 1) As the sale price of the instant D real estate, C is each of the real estate listed in the separate sheet from G on October 12, 2014 (hereinafter “F real estate”).

(2) On October 23, 2014, C purchased the purchase price of KRW 670 million, and C purchased the instant F real estate at KRW 264 million on the same day.

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