매매대금반환
1. Defendant B’s KRW 125,00,000 as well as 5% per annum from November 20, 2015 to July 21, 2016 to the Plaintiff.
1. Facts of recognition;
A. A. Around 2010, the Plaintiff entered into a sales contract with Defendant B to acquire the first floor No. 101 (hereinafter “instant housing”) among the second floor of multi-household housing in Yangcheon-gu Seoul, Seoul, which is owned by Defendant B and the Plaintiff, at KRW 130 million, but the lease deposit amount of KRW 10 million and the housing security loan obligation of KRW 10 million.
The Plaintiff, upon Defendant B’s request, completed the registration of ownership transfer in the name of Defendant C on April 6, 2010.
B. The Plaintiff, around June 2008, paid KRW 60 million in total to Defendant B by adding KRW 26,182§³ (7,920.050 square meters, hereinafter “the instant forest”) to KRW 20,000 per square meter and by adding KRW 60,000 per square meter to KRW 20,000,000,000,000 to the Agricultural Cooperative Account in Defendant B’s name on June 20, 2008, and by additionally delivering KRW 40,000 from June to September 2, 2008, and received the registration of ownership transfer as to shares among the instant forest on July 2, 2008.
C. On November 30, 2010, the Plaintiff and Defendant B entered into a contract to change the subject-matter of the instant land with the content of calculating 200 square meters of 1,689 square meters (510.925 square meters; hereinafter “instant land”) from the G of Gyeonggi-gu, Gyeonggi-do, as KRW 300,000 per square meter, instead of selling 3,000 square meters among the instant forest land. Defendant B completed the registration of ownership transfer on the entirety of the instant land on November 30, 2010, and thereafter, the registration of ownership transfer was completed on August 24, 201 with respect to the share of 6/10 of the instant land.
On the other hand, Defendant B did not pay KRW 110 million in the purchase price, despite the completion of the registration of transfer of ownership in Defendant C regarding the instant housing, on the instant land according to the Plaintiff’s demand on September 25, 2012.