(영문) 광주지방법원순천지원 2019.06.05 2018가단74430

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(영문) 광주지방법원순천지원 2019.06.05 2018가단74430

매매대금반환

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1. The Defendant’s KRW 82,00,000 as well as the Plaintiff’s annual rate of KRW 5% from May 17, 2018 to June 5, 2019.

Reasons

1. Basic facts

A. The actual operator of the defendant's business aimed at the site creation project is C, and D, the defendant's internal director, is C's wife.

B. On June 27, 2016, the Plaintiff purchased from the Defendant the purchase price of KRW 75 million (hereinafter “instant sales contract”) from the Defendant at KRW 75 million (hereinafter “the instant real estate”) at KRW 5 million (hereinafter “instant sales contract”), and the Plaintiff’s principal and interest on existing loan claims amounting to KRW 64.35 million against the Defendant, in lieu of the payment of the said total purchase price.

C. The instant sales contract includes the following: “When the seller has paid two times the down payment to the purchaser and the purchaser has paid the down payment, the down payment shall be null and void, and no claim for return shall be filed until July 30, 2016 (Article 8), and if the seller is unable to move within the said period, a right to collateral security shall be established (special agreement) with respect to the instant real estate and F-based land (hereinafter “F land”) if the seller fails to move within the said period.”

Although the Plaintiff requested several times to implement a sales contract, the Defendant did not complete the registration of ownership transfer or set the right to collateral security until July 30, 2016, and additionally set the right to collateral security of KRW 1170 million with respect to the instant real estate and F land, etc., which was established as of December 1, 2014, while the Plaintiff had the right to collateral security of KRW 1170,000,000 with respect to the instant real estate and F land, etc., on July 18, 2017.

(B) After this, the Defendant sold the instant real estate to a third party on September 2018, and completed the registration of ownership transfer). (E)

The Plaintiff expressed his/her intent to cancel the instant sales contract on the ground that the Defendant’s obligation to transfer ownership of the instant real estate was impossible as a delivery of the duplicate of the complaint of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence, purport of whole pleadings

2. Determination as to the cause of the claim.

유사 판례

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-광주고등법원 2009. 9. 18. 선고 2009노97 판결