매매대금 청구의 소
1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. A. On September 3, 2009, the representative director, who is the husband of E or E, has entrusted the Plaintiff with H forest land G (hereinafter “instant real estate”) 793 square meters (hereinafter “instant real estate”) owned by the Plaintiff and the Plaintiff to G (trustee) on September 3, 2009, and entered into a real estate security trust agreement (hereinafter “instant real estate security trust agreement”) with the content that designating the Plaintiff, who is the creditor of C, as the priority beneficiary.
B. On March 22, 2012, the Defendant purchased 457 square meters of the instant real estate in writing with C, in which the purchase price of KRW 95,427,00,000 is KRW 14,000,000, and entered into a contract with C on the date of the contract, and the remainder shall be paid on April 25, 2012 (hereinafter “instant purchase”).
The payment method of the proceeds shall be as follows:
(hereinafter “instant payment clause” and the following accounts are “designated account”. The payment method becomes effective at the time of deposit in the J bank account in the name of a certified judicial scrivener I, and it does not recognize deposit in the case of payment made by means other than the designated account.
The defendant deposited 14,00,000 won as the designated account on the same day.
C. According to C’s proposal, C and the Defendant agreed to terminate C’s trust with respect to some portion of the instant real estate, and to accept the registration of transfer in the future of the Defendant, and to pay C the full purchase and sale balance, and to complete the registration of transfer with respect to the remaining portion.
C shall complete the registration of transfer of ownership on April 3, 2012 for shares of 498/793 out of the instant real estate due to the reversion of the trust property as of March 13, 2012, and the sale and purchase of shares of 322/793 out of the instant real estate on the same day as of March 22, 2012 is the cause for registration in the future of the defendant.