매매대금반환
1. The Plaintiff:
A. As regards Defendant B’s KRW 400,000,000 and its KRW 200,000 among them, the remainder from August 11, 2015.
1. The facts of recognition: (a) On June 19, 2015, the Plaintiff and Nonparty D entered into a sales contract with the Defendants on seven parcels of land and other seven parcels of land in Gyeyang-gu Incheon Metropolitan City (hereinafter “instant land”); (b) KRW 1,000,000,000 (hereinafter “the instant purchase price”); and (c) on a contractual basis, KRW 200,000,000,000, the remainder payment of KRW 800,000,000, in return for the performance of the procedure for the registration of ownership transfer on the said land on June 26, 2015 (hereinafter “instant sales contract”); and (b) on the instant land at the time of the conclusion of the instant sales contract, there was no dispute between the Plaintiff and Nonparty F’s collateral (the guaranteed debt amount of KRW 876,20,000,000, KRW 1000,000, KRW 97,009, and each of the parties’ respective claim amount.
2. Summary of the parties' arguments;
A. The Plaintiff asserted that the Plaintiff and the Defendants assumed all obligations of the Defendants relating to the instant land, and agreed to substitute for the purchase price of KRW 1,000,000,000,000, and accordingly, the Plaintiff breached the Defendants’ obligations under the instant sales contract, such as paying a down payment of KRW 200,000,000 on behalf of the Defendants, etc., but the Defendants failed to comply with the procedure for the registration of ownership transfer. The Plaintiff asserted to the effect that the Defendants did not comply with the procedure for the registration of ownership transfer, and filed a claim for the cancellation of the instant sales contract against the Defendants for restitution and compensation for damages.
B. The Defendants asserted that the Defendants did not pay the above purchase price by asserting that the Plaintiff did not agree to substitute the Plaintiff’s assumption of obligation with respect to the instant land and the purchase price of KRW 1,00,000,000,000.