beta
(영문) 부산지방법원 2018.02.06 2016가단66314

매매대금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. On December 1, 2015, the Plaintiff’s assertion D Co., Ltd. shared 49 units of F building G in Busan Northern-gu, and 2 lots of land and experienced financial difficulties, Defendant C and Defendant C entered into a real estate consulting contract with Defendant C and Defendant C to prepare an obligation amounting to 8 billion won through the sale or loan of a house room and to remodel the said building. In lieu of the payment of the consulting down payment, the right to collateral security with the secured debt amounting to 100 million won was created regarding H of the said building.

Since then, 22 rooms, including I and J units, among the above buildings, have not been sold, and on March 24, 2016, Defendant C and a person designated by Defendant C transferred the ownership of the above 22 units, and Defendant C agreed to pay the Plaintiff KRW 850 million and cancel the said collateral security.

Defendant C did not pay the remainder of KRW 480,000,000,000 to Defendant B, who was transferred the ownership of the said heading I and J through Defendant B, and did not cancel the right to collateral security.

As the above agreement on March 24, 2016 entered as the other party to the agreement, K does not have any substance and Defendant C is the party to the agreement. Defendant B is the nominal lender. As such, the Defendants are obligated to pay KRW 580 million as the purchase price or the agreed amount to the Plaintiff, which is the receiving party under the above agreement (i.e., the accounts payable KRW 480 million as the accounts payable (i.e., the accounts payable at KRW 100 million). Of them, the Defendants seek payment of KRW 53,300,000 as part of them.

2. The Plaintiff’s agreement of March 24, 2016, which was the basis for the instant claim, was concluded between the Plaintiff, K and L companies, and it was merely a form of a legal entity, but merely takes the form of a legal entity, and in fact, it is nothing more than Defendant C’s private enterprise behind the legal entity, or the legal application of Defendant C, who is the person behind the legal entity.