매매대금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On August 1, 2008, Non-Party A Co., Ltd. (hereinafter referred to as “E construction”) entered into an agreement with Non-Party AS Industry Co., Ltd. (hereinafter referred to as “E”) for the construction of a new building on both land C, D, E (12 floor officetels and neighborhood living facilities) at KRW 7.5 billion on the basis of the contract for the construction of a new building at KRW 7.5 billion on both land C, D (12 floor officetels and neighborhood living facilities) and the payment for the construction cost.
B. The ES industry is above F on August 7, 2008.
Of the officetels and commercial buildings received in lieu of payment in kind, the third floor No. 310 (hereinafter “the instant officetel”) shall be sold in the amount of KRW 11,530,000,000 for the sale price: Provided, That the sales contract was prepared and issued to the effect that the sale price was paid in lieu of the construction price (see the evidence No. 2-1 of this case; hereinafter “instant sales contract”).
C. Meanwhile, the transfer column of “the details of succession to the contractor’s name” attached at the end of the instant contract for sale is written by F, and the transfer column is written by the Plaintiff, and the seller’s confirmation column is affixed with the corporate seal affixed by ES industry.
[Ground of recognition] Facts without dispute, Gap evidence 2-1, Gap evidence 3, the purport of the whole pleadings
2. The parties' assertion and judgment
A. The Plaintiff’s assertion 1) On September 29, 2008, around September 29, 2008, the Plaintiff’s assertion is the Plaintiff’s right to sell the instant officetel from the Defendant (hereinafter “instant right to sell the instant officetel”).
A purchase price of KRW 50 million shall be determined and purchased, and KRW 5 million per contract date, and KRW 45 million on September 30, 2008, which is the following day, shall be paid to each Defendant as the purchase price. However, in the instant sales contract, F entered into a change in the name of the purchaser in the name of the Plaintiff directly without any process of change in the name of the Defendant in the instant sales contract, and the name of the purchaser was changed in the name of the Plaintiff. As to the instant officetel, the business owner was established on May 14, 2013 and G.