소유권이전등기
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Facts of recognition;
A. Since around 2007, D, E, and F promoted apartment construction projects (hereinafter “instant projects”) on the land located in Youngcheon-si Gdong District (hereinafter “instant projects”), and on June 5, 2007, the Defendant was established for the purpose of housing construction and housing rental.
H invested 50 million won to the defendant on December 24, 2007, and on June 2, 2008, he was appointed as the representative director of the defendant on June 2, 2008.
B. In order to promote the instant business on May 9, 2007, D entered into a contract with the Plaintiffs, who are married couple, to purchase I and 14 parcels owned by the Plaintiffs (hereinafter “instant sold real estate”) in the name of E in the purchase price of KRW 2.5 billion, and paid KRW 100 million as down payment.
Since D's license for the instant business is longer than expected, it was not paid to the Plaintiffs, the Plaintiffs notified the rescission of the above sales contract to E on August 16, 2007.
On the other hand, D around the end of 2007 lent KRW 50 million to the plaintiffs.
C. On September 23, 2009, the Plaintiffs entered into a contract with the Defendant to sell the instant sold real estate at KRW 4.95 million. The reported land sale amount is KRW 4.7 billion, and the Defendant is paid KRW 4.2 billion until October 30, 2009, and the down payment is KRW 500 million, which is the remainder after deducting KRW 50 million borrowed from D around the end of 2007, and the remainder of the down payment after deducting KRW 50 million borrowed from D from around the end of 2007, KRW 450 million, and KRW 250 million (= KRW 4.95 billion - KRW 4.7 billion), which is the sum of KRW 750 million,000,000 after reporting the commencement of construction, and KRW 35.5 billion,50 million after approval for the sale, and the Defendant establishes an agreement to establish the land price after the survey, except for the unpaid land.
However, as the Defendant failed to pay the land price by October 30, 2009, the Plaintiffs notified the Defendant on December 8, 2009 that the above sales contract was null and void, but on December 10, 2009, the Plaintiff A consented to the instant project by the Defendant.
The defendant shall file an objection on May 23, 2012.