beta
(영문) 제주지방법원 2021.02.09 2019가단62194

매매대금반환

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

A. Defendant D Co., Ltd. (hereinafter “Defendant D”) is the project implementer and the trustee under the trust agreement with Defendant E, both the trustor and beneficiary of the instant construction project, and the Defendant F Co., Ltd. (hereinafter “Defendant F”) are the company responsible for the sale of H buildings on the 6th ground surface of the 1st underground floor (H building “H,” hereinafter “H building”) on the 2nd ground of Seopopopoposi, G, and Seopoposi, and the construction implementer of the instant construction project and the trustee under the trust agreement with Defendant E for sale.

H Building was completed on January 31, 2019, and the trust agreement between Defendant D and Defendant E was terminated on May 24, 2019.

B. Defendant F and Defendant E entered into a contract for sales agency services. According to the contract, advertisements related to sales are produced and conducted under the supervision of Defendant E, Defendant F uses promotional materials produced and supplied by Defendant E, and Defendant F separately intends to carry out advertising and public relations activities, Defendant F must obtain prior approval from Defendant E.

(c)

Of H, Plaintiff A entered into a sales contract with Defendant D, which sells the sales price of KRW 622,040,00 on December 7, 2016, Plaintiff C, the same day, KRW 654,390,00, and KRW 595,560,00 on December 10, 2016 (hereinafter the above sales contract collectively referred to as “instant sales contract,” and the sales contract for the sales of KRW 595,560,00, respectively (hereinafter referred to as “instant sales contract”).

K transferred the status of purchaser of the instant sales contract to Plaintiff B on January 16, 2019.

(d)

By June 11, 2018, Plaintiff A paid 311,020,000 won, Plaintiff B paid 267,780,000 won, and Plaintiff C paid 327,195,000 won, respectively.

E. On January 31, 2019, when H completed the instant sales contract, the Plaintiffs were unable to pay the remainder, and Defendant E and Defendant D urged payment of the remainder, and on April 24, 2019, Defendant D paid the remainder to the Plaintiffs by May 9, 2019.