매매대금반환
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Basic facts
A. A. Around May 2006, the Plaintiff entered into a contract with the Defendant and Boan-si to purchase 19,000,000 won (hereinafter “instant sales contract”) totaling KRW 1,980,000,000,000 (the contract amount of KRW 198,000,000) (the contract amount of KRW 198,000,000,000) (hereinafter “the contract amount of KRW 6,50,000,000) of KRW 6,50,000 (the contract amount of KRW 198,000,000).
B. On July 18, 2007, the Plaintiff and the Defendant entered into a real estate sales contract concerning the instant sales contract and agreed on December 20, 2007 that the remainder of the down payment, other than the down payment, paid KRW 4 billion, and the due date of KRW 1.78 billion and KRW 1.782 million, shall be transferred to the seller’s name at the time of later registration, and the seller shall transfer the seller’s name at the time of later registration, and the seller may cancel the instant contract at the time of the buyer’s failure to comply with the terms of the outstanding payment, and the buyer shall waive the down payment already paid.
C. The Plaintiff paid the Defendant a total of KRW 750 million on May 19, 2006, KRW 100 million on June 19, 2006, KRW 450 million on June 20, 2006, KRW 450 million on June 20, 2006, and KRW 750 million on July 18, 2007.
Since then, upon the plaintiff's request, the defendant paid the balance payment date of the sales contract of this case to the end of February 2008, and again, to the end of May 2008, but the plaintiff did not pay the purchase price in addition to the above KRW 750 million.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, 2-1 to 8, Eul evidence 1, the purport of the whole pleadings
2. The assertion and judgment
A. According to the terms and conditions of the instant sales contract, the Plaintiff asserted the invalidity of the instant sales contract, and the registration must be transferred in the name of the person designated by the Plaintiff. As such, the instant sales contract constitutes a three-party registered title trust, and thus null and void pursuant to the Act on the Registration of Real Estate under Actual Titleholder’s Name, or the transfer of registration to a third party, which is an original impossibility, is deemed null and void. Therefore, the Defendant’s restitution to the Plaintiff.