매매대금반환
1. The Defendants jointly share KRW 150,000,000 with respect thereto to the Plaintiff and the period from April 24, 2019 to May 31, 2019.
1. Facts of recognition;
A. The ownership registration of the instant land was completed on July 12, 2016 in the name of Defendant B, which was based on the sale on July 12, 2016.
Meanwhile, Defendant C agreed to purchase the instant land owned in KRW 100,000,000 with Defendant B, and entered into a title trust agreement with Defendant C to register the ownership of KRW 1/2 of the shares of Defendant C in the name of Defendant B, and pursuant to such agreement, Defendant C was indicted for summary facts of violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name that Defendant B completed the registration of transfer of ownership in the name of a sole owner of the instant land, and the order was finalized upon receiving a summary order of KRW 3 million.
(No. 2019 High Court Order No. 356 dated May 31, 2019).B
(1) On September 20, 2017, the Plaintiff entered into a sales contract with Defendant C, who represented Defendant B, entered into a sales contract for the instant land as follows (hereinafter “instant sales contract”).
In the location of indication of real estate: 223 square meters in Jeju Special Self-Governing Province, wals wals wals wals wals wals wals wals wals wals wals wals 2
m. The down payment of KRW 15 million is paid at the time of the contract ( September 27, 2017) and the balance of KRW 135 million is paid in October 18, 2018, Article 3 provides that the order of the said real estate shall be followed by the buyer, while the seller of Article 5 provides the documents necessary for the transfer of ownership (registration) at the time of receipt of the balance;
(B) (2) On September 27, 2017, the Plaintiff sent the down payment of KRW 15 million out of the remainder to the account of Nonparty F (Defendant C’s fault) designated by Defendant C, and on October 18, 2018, the Plaintiff wired KRW 40 million out of the remainder to the account of Nonparty G (Defendant C’s partner) designated by Defendant C.
On the other hand, in relation to the remaining payment, the Plaintiff’s request on October 31, 2017.