매매대금반환
1. The Defendant shall pay to the Plaintiff KRW 47,00,000 and the interest rate of KRW 15% per annum from November 14, 2017 to the date of full payment.
1. Basic facts
A. On January 11, 2015, the Plaintiff (the actual agent, the Plaintiff’s wife), as a broker of D, a licensed real estate agent, decided to resell Ftel G G (the sale price of which is KRW 66,726,00; hereinafter the instant officetel) located in Seo-gu, Seo-gu and four lots of land from the Defendant to the price of KRW 47 million. On the following day, the Plaintiff entered that the Plaintiff succeeds to the status of the Defendant as the contractor.
The plaintiff paid 47 million won to the defendant on the same day.
B. On March 23, 2012, H Co., Ltd. (hereinafter “non-party Co., Ltd”) (hereinafter “non-party Co., Ltd”) was running the business of selling a Ftel built on the land of Seo-gu, Seo-gu and J, Seo-gu, in which the executory company owned, and entered into a sale management trust agreement with K Co., Ltd. (hereinafter “non-party Co., Ltd”).
(hereinafter referred to as the instant trust contract). The main contents of the contract include: (a) the trust company manages the ownership of an officetel business site; (b) the officetel ownership is also managed by the trust company; and (c) the sale price should be deposited into the management account opened by the trust company with the right to sell the officetel; and (d) the sales contract without the seal of the trust company does not take effect.
C. On March 23, 2012, the instant officetel site owned M and the registration of transfer of ownership was completed under the name of the non-party company on March 21, 2012 due to the sale on March 21, 2012, and the registration of transfer of ownership was completed under L’s name on March 23, 2013.
On November 27, 2015, the instant officetel was registered as the owner of the non-party company and the registration of ownership was completed. On November 27, 2015, the registration of ownership transfer was completed due to the trust on the same day in the name of L.
There is no indication of L in the instant sales contract.
The defendant has obtained the consent to sell the instant officetel to the non-party company, and the plaintiff will be future.