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(영문) 서울중앙지방법원 2020.03.12 2019가단18431
토지매매대금반환 등
Text

1. Defendant B and D are jointly and severally and severally liable to the Plaintiff for KRW 86,700,000 and the same from July 5, 2019 to March 12, 2020.

Reasons

1. Facts of recognition;

A. On May 26, 2017, the Plaintiff entered into a sales contract with Defendant Company B (hereinafter “Defendant Company”), which is the real owner of Defendant Company B (hereinafter “Defendant Company”), and paid the purchase price of KRW 84 million to the Defendant Company, which was 50,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,0000,0000,0000,0000,0000,000,0000,000

B. On July 17, 2017, the Plaintiff and Defendant D, instead of returning KRW 70 million out of the above purchase price, transferred ownership to the Plaintiff by the Defendant Company in the form of selling the F 3,300 square meters in price at KRW 70,000 (hereinafter “second sale”). In the event there is a reason for restricting the exercise of ownership, public charges and other charges, if there is a shortage of ownership, the Plaintiff agreed to remove the defect and burden of the relevant right, and completed the registration of ownership transfer on September 21, 2017.

(C) If the ownership of the above-mentioned land is transferred to the Plaintiff, the seller of the above-mentioned land is the Defendant Company, and thus, the registration of transfer is completed in the future of the Plaintiff. However, when the ownership of the above-mentioned land is transferred to the Plaintiff, at the time of the transfer, there was no economic value.

C. On October 19, 2017, the Plaintiff and Defendant D entered into a sales contract with the Defendant Company selling KRW 99 square meters of G forest G 19.5 million to the Plaintiff (hereinafter “third sale”). The Plaintiff is an employee of the Defendant Company engaging in land sale business, and the Plaintiff is an employee of the Defendant Company engaging in land sale business, with the purchase price to be returned by the Plaintiff following the cancellation of the agreement on the first sale.

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