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(영문) 수원지방법원 2018.12.20 2017가합25744
매매대금반환
Text

1. The plaintiffs' primary claim against defendant D and the conjunctive claim against defendant E are all dismissed.

2...

Reasons

1. Basic facts

A. Plaintiff A, B, and Defendant D are Nonparty 1’s children and Defendant E’s children, while Plaintiff C is the spouse of Plaintiff A.

Plaintiff B and Defendant D 1/2 shares 191,276,00 m2 in each of the 1,000-dong-gu 1,000, Dong-dong 208 m2, Dong-dong 208 m2, Dong-dong 208 m2, Dong-dong, Dong-dong, Dong-dong 238 m22 m22 m2, Dong-dong, Dong-gu, Dong-dong 1,000 m2, 000 1,0000 m2,000 1,0000 m20,000 m2, 1,564 m2, 00,000 m2, 20,000 m2, 20,000 m2,000,000 m2, 30,000 m2,00 m2,03,013 m2, Dong-dong 1,034, Dong m2

B. On December 8, 2011, the Plaintiffs and the Defendants sold to Nonparty G the real estate owned by the Plaintiffs, the Defendants, and Nonparty H in a total of KRW 1,460,000,000 in total, as indicated in the following table. The amount of KRW 134,00,000 on the said real estate shall be deducted from the purchase price, and the down payment of KRW 100,000,000 on the date of the contract shall be deducted, and the remainder of KRW 1,226,00,000 on January 8, 2012 shall be paid, respectively.

(2) The Plaintiff’s each real estate owned by the Plaintiffs among the real estate as indicated below (hereinafter “instant sales contract”); and (3) the Plaintiff’s each real estate as indicated below.

G paid KRW 1,326,00,000 to Defendant E according to the instant sales contract, and received the registration of ownership transfer on January 9, 2012.

The Plaintiffs, around March 2018, delegated the sale of real estate owned by Defendant D to Defendant D on or around October 201, and Defendant D sold each real estate owned by H, Defendant D, and E, including the instant real estate, to G, around December 8, 2011.

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