매매대금반환
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
(b).
1. The reasons why this Court stated in this part of the underlying facts are excluded from the application of “Defendant B” to “Codefendant B of the first instance trial” is the same as the corresponding part of the judgment of the first instance, and thus, it shall be included in the summary pursuant to the main sentence of Article 420 of the Civil Procedure Act.
2. The part of the claim against the defendant C
A. The gist of the Plaintiff’s assertion 1) around 2010, the Plaintiff sold the instant housing (multi-household 101 among multi-household 2 located in Yangcheon-gu, Seoul) to co-Defendant B of the first instance trial (hereinafter “instant housing sales contract”).
A) The Plaintiff entered into a sales contract. The ownership transfer registration under the above sales contract was completed in the Defendant C’s future. The Plaintiff and B set the sales amount of KRW 130 million for the instant housing sales contract. Of these, the Plaintiff’s debt amounting to KRW 20 million for the instant housing (i.e., KRW 10 million for the obligation to refund the lease deposit (i., KRW 10 million for the obligation to repay the lease deposit), and the Plaintiff agreed to acquire the Plaintiff’s debt amounting to KRW 110 million for the remainder of the purchase deposit amount. Defendant B and Defendant C participated in the instant housing sales contract in one of the following cases.
Therefore, Defendant C is obligated to pay the Plaintiff KRW 110 million to the Plaintiff as a result of the performance of the obligation to pay the purchase price or the compensation for damages arising from the tort between Defendant C and B.
The Plaintiff sought payment of KRW 60 million, which is a part of the Plaintiff. A) As such, in the case where Defendant C is the actual owner of the instant housing, the ownership transfer registration was completed in Defendant C’s name regarding the instant housing, Defendant C prepared a sales contract in which he/she was the buyer. If the actual purchaser of the instant housing is the Defendant C, the remainder of the purchase price is paid to the Plaintiff as stated in the contract, or the purchase price is returned in accordance with the acquisition of the instant housing (hereinafter “return of the purchase price”).