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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. C Co., Ltd (hereinafter “Nonindicted Company”) carried out the business of newly constructing and selling an officetel with the size of the 1st basement and the 13th floor on the land of the Seo-gu, Seo-gu, Gwangju and four lots of land.
B. On March 23, 2012, the non-party company entered into a sale management trust contract and a business agreement and an agency contract with the FF Co., Ltd. (hereinafter “the instant trustee company”) with respect to the said officetel, while carrying on the said business of sales of officetels.
According to each of the above contracts, in order for a buyer to complete the registration of ownership transfer with an officetel sold in lots, the trustee company of this case must consent to the sale contract and pay the sale price to the account of the trustee company of this case.
C. On June 16, 2014, the Defendant sold Etel G (hereinafter “instant officetel”) from the Nonparty Company.
Since then, the Defendant: (a) entered into a contract under which the Plaintiff sells the instant officetel’s right to sell (Article 1(1)1; hereinafter referred to as “the instant resale contract”); and (b) concluded a contract under the instant resale contract (hereinafter referred to as “instant resale contract”); and (c) transferred KRW 30 million from the International Association Account (J) in the name of the Plaintiff to the bank account in the name of the Defendant on July 15, 2014.
E. On August 5, 2014, the Plaintiff sold to K the sales right of the instant officetel at KRW 41.5 million.
K filed a lawsuit against the Plaintiff for the claim for the refund of the purchase-price with the Gwangju District Court 2016Kadan525607, and the above court rendered a judgment against the Plaintiff on April 14, 2017 on the ground that the Plaintiff had a legitimate right holder of the instant officetel, and the above judgment became final and conclusive at that time.
F. Meanwhile, L, on April 27, 2017, completed the registration of ownership transfer for the instant officetel from the instant trustee company on October 18, 2012.
[Reasons for Recognition] There is no dispute, Gap evidence Nos. 1 through 8.