소유권이전등기말소 등 청구의 소
1. The plaintiff's primary claim against the defendants is dismissed.
2. Defendant B Co., Ltd. shall be KRW 310,000,000 to the Plaintiff.
. Facts of recognition.
A. On May 30, 2016, the Plaintiff concluded a contract with Defendant B to purchase each real estate listed in the separate sheet (hereinafter “instant real estate”) at KRW 2.1 billion.
(hereinafter “The First Sales Contract”). The details on the payment of the purchase price in the First Sales Contract (No. A. 1) are as follows.
Section 1 of Section 1 of Section 2,100,000,000 for the purchase price of KRW 2,100,000,000 for the sale of the above real property under the agreement between the seller and the buyer. In the sale of the above real property, the buyer shall pay the purchase price as follows:
b. Happed money ( 100,000,00) Won paid at the time of a contract and paid at the time of May 30, 2016.
5. 31. 31. The payment of the Won Won Won Won Won ( e.g. 110,000,000) shall be made on June 15, 2016 and the remainder one hundred and twenty hundred and ninety hundred and ninety billion Won ( e.g. 1,890,000,000) shall be made in the presence of the broker on July 11, 2016.
b. (* The draft portion is the draft portion)
B. Pursuant to the instant sales contract, the Plaintiff paid KRW 60 million to Defendant B on May 30, 2016 and KRW 40 million on May 31, 2016, and paid KRW 40 million on the following day, and the same year.
6. Each payment of KRW 110 million was made on 14.14.1 billion, but the remainder did not be paid.
C. On August 24, 2016, Defendant B entered into a contract to sell the instant real estate to Defendant A for KRW 2.45 million (hereinafter “instant contract for the second sale”), and the same year.
9.8. The registration of ownership transfer was completed in Defendant A’s name with respect to the instant real estate.
On the other hand, the plaintiff filed a complaint against D who seems to have been living together with Defendant B’s in-house director C and to have been in a substantial management of Defendant B. The Busan District Prosecutors’ Office rendered a disposition to avoid suspicion of breach of trust against D, and the plaintiff filed a complaint against this. However, as a result of the second investigation by the Busan High Prosecutors’ Office, the plaintiff filed a complaint against D on June 14, 2017.