(영문) 대전지방법원 2020.06.18 2019가합100978

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(영문) 대전지방법원 2020.06.18 2019가합100978

매매대금반환

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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 10, 2016, the Plaintiff entered into a sales contract with Defendant B Co., Ltd. (hereinafter “Defendant B”) which was implementing a housing site development project for the area E, 19,640 square meters (hereinafter “the entire complex of this case”) of the area of 330 square meters (hereinafter “the instant land”) prior to D, the area of 330 square meters (hereinafter “the instant land”) owned by Defendant C Co., Ltd. (hereinafter “Defendant C”), and 78 square meters (hereinafter “the instant road”), among the roads of the former B, the area of land and the instant road (hereinafter “the instant real estate”), 37,50 million won (hereinafter “the instant land”), including the instant land and the instant road, the sales contract was entered into with the Plaintiff under the said special agreement that purchased KRW 1,440,00 (hereinafter “the instant land”).

F G B

B. The Plaintiff paid the sales price and the ownership transfer registration of the instant land into the H Association account in the name of Defendant C designated by Defendant B.

Defendant B completed the registration of ownership transfer of the instant land on October 14, 2016 due to the instant sales contract.

C. (1) On July 23, 2019, Defendant B completed the inspection on the use of the entire complex of this case from the head of Seoan-gun on July 23, 2019. (2) On September 20, 2019, Defendant C, the owner of the instant road, completed the entire complex of this case. As such, Defendant C, the owner of the instant road, notified the Plaintiff of the purport that the registration will be transferred in order, by content-certified mail.

Upon the return of the above content-certified mail, around December 23, 2019 and around February 26, 2020, the content-certified mail pertaining to the guidance prior to the registration of the co-owned area was dispatched again, and around March 202, the message and text message were sent.

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