매매대금반환
1. Of the judgment of the court of first instance, the plaintiff against the defendant B who is equivalent to the following additional payments:
1. Basic facts
A. Defendant B purchased land listed in attached Table No. 1 (hereinafter “instant land”) from the Plaintiff on September 10, 2015, as the remaining students of Plaintiff’s representative director E, and completed the registration of ownership transfer on September 14, 2015, and agreed to pay the sale price of the said land and building by constructing a new building on the said land.
B. Around October 2015, Defendant B awarded a contract to D for a new construction of the building at KRW 480,000 (excluding value-added tax) for the price for the new construction of the building, and the subsequent construction payment was impossible, Defendant B completed the registration of ownership transfer for the instant land to D on April 25, 2016.
C. Around May 2, 2016, D completed the construction above, and completed the registration of ownership transfer on May 4, 2016 under the name of D as to the building listed in [Attachment List No. 2 (hereinafter “instant building”). On June 7, 2016, D sold the instant land to Defendant C in KRW 142,00,000,000, and each of the instant buildings in KRW 500,000,000 (hereinafter “instant sales contract”); and on the same day, Defendant C completed the registration of ownership transfer on the instant land and building.
On the other hand, on March 7, 2017, Defendant C completed the registration of ownership transfer on the ground of sale as of March 6, 2017 with respect to the instant land and building to G on March 7, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 14, Eul evidence 2, Eul evidence 3 (including each number; hereinafter the same shall apply), Eul's witness D's testimony, the whole purport of the pleading
2. Determination on the claim against Defendant B (claim for the purchase price of land)
A. As seen earlier, Defendant B agreed to sell the instant land and buildings and pay the purchase price of the instant land to the Plaintiff with the purchase price. Since the instant land and buildings were sold to Defendant C, Defendant B paid the purchase price of the instant land in accordance with the said agreement.