(영문) 대구지방법원 2019.01.17 2018가합897

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(영문) 대구지방법원 2019.01.17 2018가합897

매매대금반환

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1. The Defendant (Counterclaim Plaintiff) paid KRW 250,000,000 to the Plaintiff (Counterclaim Defendant) and its payment from May 30, 2018 to January 17, 2019.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. The Defendant purchased the Defendant’s land, etc. 1) from C on December 20, 2014, the Defendant: (a) KRW 1,177 square meters prior to D in Busan Metropolitan City; (b) KRW 184 square meters; and (c) KRW 14 square meters for F. 14 square meters (hereinafter collectively referred to as “instant land”).

(2) On January 30, 2015, the Defendant purchased the instant land and completed the registration of ownership transfer in the future of the Defendant on January 30, 2015. (2) On January 30, 2015, the Defendant completed the registration of ownership transfer in the future of the G association with the maximum debt amount of the instant land amount of KRW 250 million, the debtor, the Defendant, and the mortgagee’

3) On January 30, 2015, the Defendant: (a) completed the registration of creation of a mortgage over the instant land with the maximum debt amount of KRW 338 million; (b) the debtor; and (c) the Defendant borrowed KRW 180 million from the Plaintiff on January 15, 2015 to use the land as the purchase price for the instant land.

B. On March 9, 2015, the Plaintiff and the Defendant purchased the instant land from the Defendant with the following terms (hereinafter “instant sales contract”).

Article 1 (Notification of Business Purposes and Validity of Sales Contract). This contract was concluded with the Plaintiff and notified the Defendant that the Plaintiff would purchase 1 Dong members in Busan Metropolitan City, including the instant land owned by the Defendant and carry out a new apartment construction project, and this contract becomes effective immediately after the conclusion of this contract. (1) The payment method and payment method shall be made in accordance with the schedule of the development project promoted by the Plaintiff (including both land and buildings) as follows:

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