분양대금청구의 소
1. The plaintiffs' claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. A. Around 2014, the Plaintiffs, a business operator, who sells “F” urban-type residential housing (hereinafter “instant building”) located in Young-si, the wife E, were to sell the instant building to Defendant D, the auditor, and the Defendant C, etc. of J, who was the internal director of the non-party company, through the representative director I of the company G (hereinafter “non-party company,” a company (hereinafter collectively referred to as “non-party company”) around November 17, 2014, and the non-party company decided to sell the instant building in lots in whole or in part.
B. On November 5, 2014, Defendant C entered into a sales contract with the Plaintiffs for the purchase of five units, each of the total of KRW 880 million (=80 million x 5 units) (hereinafter “Defendant 1’s housing sale contract”).
Defendant C transferred the total amount of KRW 396 million to the Plaintiff’s account on November 5, 2014, the date when the contract was concluded, KRW 44 million on November 11, 2014, KRW 44 million on the same day, KRW 44 million on the same day, KRW 50 million on November 12, 2014, KRW 9 million on November 25, 2014, and KRW 250 million on November 25, 2014.
On November 25, 2014, the Plaintiffs completed the registration of ownership transfer in Defendant C with respect to the above five houses among the instant buildings.
C. 1) On November 2014, Defendant D’s sales contract (hereinafter “Defendant 2’s sales contract”) with the Plaintiffs and the instant five units of P, Q, R, R, T, each of the KRW 86 million in total of KRW 423 million in the aggregate of KRW 79 million in the sale price, and KRW 400 million in the sale price for the instant units of the building (hereinafter “Defendant 2’s sales contract”).
Defendant D concluded a contract. Defendant D transferred KRW 366,40,000,000 to the Plaintiff’s account on November 1, 2014, KRW 42.3 million on November 18, 2014, KRW 4.2.3 million on November 18, 2014, KRW 5.4.8 million on November 26, 2014, and KRW 22.7 billion on December 8, 2014, KRW 366.4 million on December 8, 2014. The Plaintiffs completed the registration of ownership transfer on the above five units of the instant building on December 8, 2014.