beta
(영문) 수원지방법원 2014.12.16 2014가합65765

수분양자지위부존재확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The DNA LbC Co., Ltd. (hereinafter “dibC”) promoted the business of constructing and selling the “C” commercial building (hereinafter “instant building”) of the size of the third and third floors underground and third floors above the ground (hereinafter “instant building”) on permissible B 3,311 square meters (hereinafter “instant site”).

On July 21, 2011, D&C entered into a real estate security trust agreement between the Plaintiff and the Plaintiff, which trusts the instant site to the Plaintiff, and accordingly, on July 22, 2011, the Plaintiff was registered as the owner on the management ledger of the land allotted by the authorities in recompense for development outlay.

B. On September 20, 2012, D&C, such as the preparation of a sales contract, borrowed KRW 1 billion from the Defendant and repaid KRW 1.4 billion by January 30, 2013, and, if it is impossible to do so, transferred all documents related to the ownership of the four stores among the buildings of this case to the Defendant, and the Defendant would receive full refund of all the above documents upon repayment of the borrowed money.

The Defendant entered into a commercial supply contract between D&C on the same day that the Defendant wishes to purchase each real estate (649,387,800 won, 116, 683,562,200 won, and 683,562, and200 won, each of the instant stores) indicated in the separate sheet among the instant buildings (hereinafter “instant sales contract”). The Plaintiff affixed the said sales contract on his/her behalf as a trust agent, and the said sales contract states that “the Defendant shall deposit the down payment, intermediate payment, and balance into the Plaintiff’s management account for the purchase price, and it shall be deemed null and void if paid in other accounts or by other means.”

On the other hand, the defendant was issued a promissory note with the issuer D&C and D&C company, the payee, the defendant, the par value of KRW 1.4 billion, and the due date.