(영문) 대구지방법원 2020.09.10 2019가합211175

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(영문) 대구지방법원 2020.09.10 2019가합211175

매매대금반환

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All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Facts of recognition;

A. The plaintiffs' claims against the non-party company are those who invested in He Co., Ltd. (hereinafter "the non-party company"), and the non-party company, etc. filed a lawsuit for damages, and the judgment and the decision of recommending reconciliation (this court 2019Gahap209646, 2017Gahap204876, 2054666).

B. On March 9, 2016, the non-party company and the Defendant entered into a sales contract between the non-party company and the Defendant, the non-party company: (a) 1 to 372.2 square meters in Daegu-dong-gu, Daegu-gu, and J-gu 193.1 square meters in size (hereinafter “the instant real estate”); (b)

) A sales contract to purchase at KRW 4.5 billion (the contract amounting to KRW 4.5 billion, the intermediate payment of KRW 3.75 billion, the balance of KRW 3.75 billion) (hereinafter “instant sales contract”).

(2) On March 9, 2016, the non-party company paid the Defendant the intermediate payment of KRW 450 million, and KRW 300 million on May 30, 2016, respectively, according to the instant sales contract.

C. On December 15, 2016, the non-party company sent to the Defendant a certificate that it would change the purchaser of the instant sales contract to K corporation pursuant to the agreement to change the purchaser of the instant sales contract, but failed to reach the Defendant. 2) After July 14, 2019, the non-party company notified the Defendant of the change to the non-party L as the purchaser of the instant sales contract to the non-party around July 14, 2019. The above notification was reached to the Defendant at that time.

[Ground of recognition] Facts without dispute, significant facts in this court, Gap evidence Nos. 3, 6, Eul evidence No. 1 (including branch numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The 1st Plaintiffs asserted by the parties are creditors of the non-party company, and the non-party company has a claim against the Defendant under the instant sales contract. The Plaintiffs are claims against the non-party company.

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