매매대금반환
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
2...
Under the underlying facts, C Co., Ltd. (hereinafter referred to as “C”) is a company that receives fees from each of the above regional housing associations, the implementer of the apartment of the regional housing association in Seodaemun-gu Seoul Metropolitan Government (hereinafter referred to as “D apartment”) and the apartment of the regional housing association in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government (hereinafter referred to as “E apartment”), and vicariously executes the project.
On April 1, 2008, the Plaintiff acquired the right to sell an apartment E-type 33 square meters from the Defendant, and the Defendant was an attorney-at-law at the time of transferring the right to sell the apartment unit to the Plaintiff.
On August 10, 2007, C, including the Defendant’s investment agreement with the Defendant, made an investment of KRW 100 million with the Defendant, and agreed to pay to the Defendant KRW 100 million equivalent to the principal of the investment until October 10, 2007, which was two months later, and KRW 100 million equivalent to the investment profits until February 10, 2008, which was six months later.
C regardless of C’s business performance, the Defendant intended to receive the principal of investment and confirmed profits from C, and thus, the legal nature of the said investment is a mere monetary loan, and the said agreement is null and void as a interest payment agreement with a maximum interest rate exceeding 30% per annum as stipulated in the Interest Limitation Act.
C as a security for the above investment funds by the defendant, the contract was issued in which the balance of D apartment 33 square-type 2 households and E apartment 33 square-type 2 households is paid in full. However, if the payment of the principal of the investment is completed within the above two months, E apartment is to be recovered from each defendant, and D apartment is to be recovered from each defendant when the payment of the investment amount of KRW 100 million is completed within the above six months, and if each corresponding amount is not paid within the above six months, the defendant can dispose of the above apartment at his own discretion.
After that, the defendant shall make an additional investment in C in addition to KRW 100 million on August 14, 2007, ② August 27, 2007; ③ September 4, 2007, and make such an agreement.