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(영문) 서울고등법원 2015.11.13 2014나20976

매매대금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The real estate listed in the separate list No. 1 of the attached list No. 1 of this case (hereinafter referred to as "the real estate listed in the separate list No. 1 of this case"), and the real estate listed in paragraph 2 of the attached list No. 2 of the attached list shall be "the real estate No. 2 of this case," and the provisional registration of the right to claim transfer of ownership was completed on September 8, 201 for each of the following reasons: < Amended by Presidential Decree No. 23190, Apr. 2, 2012; Presidential Decree No. 23788, Mar. 30, 2012; Presidential Decree No. 23788, May 24, 2012; Presidential Decree No. 23788, May 2, 2012; Presidential Decree No. 23788, May 2, 2012; Presidential Decree No. 23725, May 21, 2012>

B. On June 9, 2015, A was declared bankrupt by the Incheon District Court 2015Hadan10008, and the Plaintiff was appointed as a trustee in bankruptcy on the same day.

(hereinafter referred to as “Plaintiffs” without distinguishing the Plaintiff and A). [Grounds for recognition] There is no dispute, entry of evidence Nos. 2 and 4, and the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff sold 130,000,000 won in total to the Defendant (i.e., KRW 55,000,000 in the purchase price of the instant real estate of KRW 15,000 in the instant case) and completed each registration of ownership transfer on each of the instant real estate, and thus, the Defendant should pay the Plaintiff the total purchase price of KRW 130,000,000 in the instant real estate and damages for delay.

B. Defendant 1) The Defendant did not purchase each of the instant real estate from the Plaintiff, and the actual owner of each of the instant real estate was G not the Defendant, and only the Defendant lent the name to G. 2) The person who actually purchased each of the instant real estate from the Plaintiff is H (hereinafter “H”).

The plaintiff is H. H.