매매대금반환
1. As to KRW 32,00,000 and KRW 30,350,00 among the Plaintiff, Defendant B, the primary Defendant B, from May 10, 2014 to March 23, 2016.
1. Determination as to the claim against the main defendant B
A. (1) On February 22, 2014, Defendant C, the father of Defendant B, entered into a contract with the Plaintiff on behalf of Defendant B to sell 330 square meters (hereinafter “instant land”) out of the 1603 square meters of the 303 square meters of the 1603 square meters of Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-gun, Chungcheongnam-gun, Seoul (hereinafter “the instant contract”). The Plaintiff paid KRW 30 million to the Defendant by May 9, 2014.
(2) The maximum amount of debt on the instant land was KRW 52 million, the debtor, Defendant B, and the mortgagee of the right to collateral security completed the registration of the establishment of a neighboring community, which is the Daejeon Saemaul Depository. However, even though the Plaintiff paid the purchase price by May 9, 2014, Defendant B did not transfer the ownership of the instant land to the Plaintiff by cancelling the registration of the establishment of a neighboring community.
(3) In the instant complaint, the Plaintiff expressed his intent to cancel the sales contract on the ground that Defendant B did not perform the duty of ownership transfer registration.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, and 7, the purport of the whole pleadings
B. In the sales contract for the rescission of the instant sales contract, the seller is obligated to transfer the complete ownership on which the registration of the establishment of a mortgage was cancelled to the buyer. Defendant B did not transfer the complete ownership on the instant land, the registration of the cancellation of the right to collateral security was completed, even if all the purchase price was paid by the Plaintiff, and the complaint of this case, on August 23, 2015, stating the intent to cancel the sales contract on the ground of Defendant B’s nonperformance of obligation, reached Defendant B, thereby, the instant sales contract was lawfully rescinded.
C. The Plaintiff paid KRW 30 million to Defendant B, first of all, the scope of restitution and compensation for damages, as seen earlier.