(영문) 서울남부지방법원 2015.10.15 2015나54160

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(영문) 서울남부지방법원 2015.10.15 2015나54160

매매대금반환

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. Of the apartment construction works in Seocheon-gu, Seocheon-gu, Seocheon-gu, the Defendant implemented (hereinafter “instant construction works”), it was subcontracted by D Co., Ltd. with D. In concluding a sub-subcontract of KRW 270,000,000 for the construction cost, E would receive KRW 20,000,000 for cash and KRW 10,000 for the remainder of 250,000 for the construction cost (hereinafter “instant apartment”).

B. During the process of performing the instant construction, E agreed to borrow money from the Plaintiff to transfer the ownership of the instant apartment to the Plaintiff. Accordingly, on October 31, 2006, E drafted a supply contract for the instant apartment in the name of the Plaintiff on behalf of the Plaintiff, on behalf of the Plaintiff, to F, who is the representative director of D Co., Ltd., and on behalf of the Plaintiff. The said contract stated that the total amount of supply is KRW 276,400,000, along with the statement that “the payment is in full”, and the seller’s column stated that G Co., Ltd. (hereinafter “G”) which is an agent executing the instant construction and affixed a seal on the seller’s name. The buyer’s name is written and sealed.

C. Meanwhile, on November 1, 2006, the Plaintiff concluded a sales contract with E to purchase the instant apartment from KRW 230 million, and agreed to transfer KRW 50 million for the payment of the price to the agricultural bank account in the name of E designated by E, with respect to the payment of the purchase price, KRW 50 million for the intermediate payment of KRW 50 million on November 3, 2006, and the remainder to the agricultural bank account in the name of E designated by E after completing the registration of ownership transfer in the name of the Plaintiff after completion of the instant real estate.

On each day, the Plaintiff transferred the sum of KRW 100,000,000,000 for down payment and intermediate payment to the Agricultural Cooperative account in the name of F.

E. The Plaintiff filed a claim against the Defendant for ownership transfer registration under the Incheon District Court Branch 2007Gadan19237.

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