매매대금반환
1. Defendant B Co., Ltd.: (a) KRW 100,800,000 per annum on the Plaintiff and 5% per annum from June 21, 2018 to August 16, 2018.
1. Facts of recognition;
A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company conducting real estate sales business, etc.
Defendant C resigned from the representative director of the Defendant Company on July 31, 2017, and D (hereinafter referred to as “D”) served as an employee in the Defendant Company, and on July 31, 2017, the Defendant C resigned from the representative director, and then was appointed as the representative director of the Defendant Company on the same day.
B. On November 26, 2016, the Plaintiff entered into a sales contract with the Defendant Company to purchase KRW 63,500,000 of the purchase price of KRW 165 square meters out of KRW 537 square meters in Jeju-si, Jeju-si, and paid KRW 63,50,000 to the Defendant Company from November 22, 2016 to November 29, 2016.
C. Since the Defendant Company failed to perform the above sales contract, the Plaintiff decided to purchase other land on April 5, 2017 in lieu of the above Jeju-do Forest, and concluded a sales contract with the Defendant Company and the Plaintiff’s purchase price of KRW 416 square meters out of KRW 112,140,000 (hereinafter “instant gifted land”) of the amount of KRW 112,50,000,000 (hereinafter “instant sales contract”) out of the amount of KRW 63,50,000,000, the remainder of KRW 48,640,000, excluding the amount of KRW 63,500,000 paid.
For the payment of the above purchase price, the Plaintiff deposited KRW 10 million on April 5, 2017 in the deposit account in the name of Defendant C, and KRW 38,640,00 on April 6, 2017, respectively, and received a refund of KRW 11,340,000 on April 11, 2017.
E. At present, the owner of the land in this case is G.
[Grounds for recognition] The entries in Gap evidence Nos. 1, 2, 4, 5, 6, 7, 8, and 9, and the purport of the whole pleadings
2. The assertion and judgment
A. As to the claim against the Defendant Company, the Plaintiff’s “Defendant Company” has employees D, etc. publicize the possibility of development, investment value, etc. of the pertinent real estate to the land owner and unspecified buyers, and transferred the ownership in the name of the Defendant Company.