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(영문) 울산지방법원 2020.02.19 2018가합24413

매매대금반환

Text

1. Defendant C’s KRW 639,348,201 as well as 5% per annum from December 8, 2017 to October 18, 2019.

Reasons

1. Basic facts

A. The parties involved Defendant B are owners of 1,038 square meters in Nam-gu, Nam-gu (in the instant land as a planned land substitution for replotting, the area is 487.7 square meters; hereinafter “instant land”) and the representative director in the form of E, and Defendant C is the actual operator of the said company.

B. On September 20, 2017, the Plaintiff entered into a sales contract with Defendant C to purchase the instant land in the name of Defendant B orally with KRW 642,00,000 (hereinafter “instant sales contract”) (hereinafter “instant sales contract”).

(2) On October 16, 2017, the Plaintiff prepared a written contract for the sale of the instant land with Defendant C (hereinafter “instant sales contract”). The name of the seller and the name of the receiver of KRW 65,000,000, under the instant sales contract, are all written in Defendant B.

C. On September 20, 2017, the Plaintiff paid KRW 323,887,999 out of the remainder to the Defendants four times from November 16, 2017 to December 8, 2017, respectively, the Plaintiff paid KRW 189,00,000 to E or the Defendants as down payment, and the Plaintiff paid KRW 323,887,999 out of the remainder to Defendant B, by completing the registration of ownership transfer for Ulsan-gu Officetel and H on September 29, 2017.

3) The Plaintiff completed the registration of ownership transfer on October 16, 2017 with respect to the instant land on November 16, 2017 due to sale and purchase on October 16, 2017. [Grounds for recognition] Defendant C: (a) the party who made a confession (Article 150(3) of the Civil Procedure Act) does not dispute, or does not clearly dispute, and Party A’s 1 through 6, and evidence Nos. 8 through 16 (if any, the number of pages) and the purport of the entire pleadings.

2. The plaintiff's assertion

A. The Plaintiff filed a claim for refund of the purchase price on the grounds of cancellation and cancellation of the sales contract at the time of conclusion of the instant sales contract.