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(영문) 광주지방법원 2018.03.28 2017가단23382
매매대금 반환
Text

1. Defendant B’s KRW 45,00,000 and the Plaintiff’s annual rate of KRW 5% from April 15, 2015 to October 27, 2017.

Reasons

1. Basic facts

A. The Plaintiff, upon introduction by Defendant C, intended to resell the 528 Etel located in Seo-gu, Gwangju, and four parcels of land (58,650,000 won for sale; hereinafter the instant officetel) from Defendant C, and transferred the purchase price of KRW 45 million to Defendant C’s foreign exchange bank passbook on April 14, 2015.

On April 16, 2015, the Plaintiff received a sales contract of the instant officetel from Defendant C.

(hereinafter, this case's sales contract) C.

On March 23, 2012, chin City Development Co., Ltd. (hereinafter the non-party company, hereinafter the non-party company) entered into an international trust agreement with an international trust company (hereinafter the international asset trust company, including a mutual change to an international asset trust company, and a mutual change to a mutual change to an international asset trust company) while carrying out the business of selling an officetel built on the land of Gwangju-gu, Seo-gu and four parcels, which is owned by the ASEAN Construction Co., Ltd. and the ASEAN Construction Co., Ltd., Ltd

(hereinafter referred to as the instant trust contract). The main content is that the trust company manages the ownership of an officetel business site, and if an officetel is newly constructed and registered for preservation in the future, the officetel ownership is also managed by the trust company, only the trust company shall hold the right to sell the officetel and deposit the sales price into the management account opened by the trust company, and no sales contract without the seal of the trust company shall take effect.

On March 23, 2012, the instant officetel site owned by F, but the registration of transfer of ownership was completed under the name of Non-Party Company on March 21, 2012, and the registration of transfer of ownership was completed on March 23, 2013 in the name of the International Asset Trust.

On November 27, 2015, the instant officetel was registered as the owner of the non-party company, and the registration of ownership was completed on November 27, 2015, and the registration of ownership transfer was completed on the same day under the name of the international asset trust.

E. The instant sales contract indicates an international asset trust.

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