beta
(영문) 수원지방법원 2012.06.14 2011가합14315

매매대금반환

Text

1. Defendant F Co., Ltd.: (a) KRW 100,745,309; (b) KRW 91,191,874; and (c) KRW 79,032,958 to Plaintiff C; and

Reasons

1. Basic facts

A. On August 12, 2003, Defendant E sold 46,776/68 shares (15,309.16 square meters, 4,631 square meters) in 99,668 and 603 square meters (182.4 square meters) in 2,406,701,00 won among the shares (15,309.16 square meters, 4,631 square meters) of I forest land to Nonparty G and H (hereinafter “non-party”) as an area where land transaction contract was permitted on November 30, 201; hereinafter “instant land”).

(hereinafter “instant First Sales Contract”). B.

Defendant F Co., Ltd. sold 52,892 shares (17,310.84 square meters, 5,236.5 square meters) in the instant land to the Nonparty on August 12, 2003 at KRW 2,618,254,00.

(hereinafter “instant secondary sales contract”). C.

The Nonparty paid to Defendant E KRW 1,726,701,00, which is a part of the instant sales contract price, and KRW 2,618,254,00, which is the full amount of the instant secondary sales contract to Defendant F Co., Ltd.

On May 13, 2004, the Nonparty sold 1,350 square meters out of the instant land to the Plaintiffs and Nonparty K without obtaining permission for a land transaction contract on May 13, 2004, at KRW 2,225,00,000.

(hereinafter “instant resale contract”). / [Grounds for recognition] Gap’s 1, 2, and 7, Eul’s 3-1, 2, 13, and 15’s 3-1, 2, 15’s , and the purport of the entire pleadings

2. Judgment on the plaintiff's assertion

A. In order to preserve the right to claim the return of the purchase price against the Nonparty, the Plaintiffs asserted the exercise of the right to claim the return of the purchase price against the Defendants by the Nonparty. The Defendants asserted that the purchaser of each of the instant sales contracts is Nonparty L, which is not the Nonparty. Therefore, there is no dispute between the parties as to whether the purchaser of each of the instant sales contracts is the Nonparty.

As a result, I first examine the right of preservation and the right of subrogation in the exercise of creditor's subrogation right of the plaintiff.

B. The relevant legal principles are as follows: (a) purchaser of each of the instant sales contracts.