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(영문) 서울중앙지방법원 2016.01.28 2015가합538828

부당이득금

Text

1. The Defendant: 20% per annum from June 30, 2015 to September 30, 2015 with respect to each of the Plaintiffs’ KRW 107,531,250 and each of the said money.

Reasons

1. Basic facts

A. On January 21, 2015, the Plaintiffs purchased from the Defendant for KRW 426,420,00 the building C (D Hotel) No. 1115 (hereinafter “No. 1”) in Jung-gu Seoul (hereinafter “No. 2”) and concluded a sales contract for the purchase of KRW 433,830,000 of the said building C (hereinafter “No. 2”) (hereinafter “each of the instant sales contracts”), and around that time, the Defendant paid KRW 215,062,50 in total as part of the sales price of the building No. 1 and 2.

B. On March 19, 2015, the Defendant completed the registration of ownership transfer for the first and second buildings to Korea Trust Co., Ltd. based on trust. On July 8, 2015, the registration of ownership transfer was completed in the name of the International Asset Trust Co., Ltd. with respect to the first and second buildings on the ground of the trustee’s quality.

C. On July 29, 2015, the International Asset Trust Co., Ltd. completed the registration of ownership transfer on the ground of sale and purchase of building No. 2 to E, and completed the registration of ownership transfer on October 1, 2015 to F on the ground of sale and purchase of building No. 1.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 3, 4, and 10 (including each number), the purport of the whole pleadings

2. In a case where the judged seller transfers the sale and purchase real estate to a third party and completes the registration of transfer, the seller's obligation to transfer the ownership to the buyer is impossible unless there are special circumstances that enable the third party to recover the ownership and transfer the ownership to the buyer.

(See Supreme Court Decision 81Da225 Decided June 23, 1981). According to the health stand for the instant case, according to the facts as seen earlier, it is reasonable to deem that the Defendant’s obligation to transfer ownership to the Plaintiffs pursuant to each of the instant sales contracts was not fulfilled on July 29, 2015 in the case of the second building, and on October 1, 2015 in the case of the first building, and that each of the instant sales contracts was not fulfilled on October 1, 2015, and that the Plaintiffs expressed their intent to cancel each of the instant sales contracts.