beta
Text
1. The defendant shall receive KRW 289,800,000 from the plaintiff, and at the same time real estate stated in the separate sheet to the plaintiff.
Reasons
1. Basic facts
A. On January 8, 1997, the East Asian Construction Industry Co., Ltd. (hereinafter “Nonindicted Company”) entered into a sales contract with the Defendant for purchase of each real estate listed in the separate sheet (hereinafter “instant real estate”) at KRW 580,88 million (hereinafter “instant contract”) and paid each of the Defendant KRW 116,000,000 for the down payment on January 20, 1997, and KRW 175,000,000 for the intermediate payment on June 30, 1997.
B. On May 19, 2003, when the non-party company acquiring the right to the real estate of this case goes bankrupt due to the financial situation of the non-party company, the plaintiff acquired the right from the bankruptcy trustee of the non-party company as the purchaser of the real estate of this case.
[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 through 3 (including branch numbers, hereinafter the same shall apply), witness Eul's testimony, and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s primary assertion (1) that the Plaintiff acquired the status of the purchaser of the instant real estate from the Nonparty Company, and the Defendant also consented thereto, and the Defendant is obligated to pay the Plaintiff the unpaid purchase price of KRW 288,98 million, at the same time, to implement the procedure for the registration of ownership transfer of the instant real estate.
(2) If the instant contract becomes null and void because the conjunctive Nonparty Company or the Plaintiff did not acquire the instant real estate, which is farmland, as it did not belong to an agricultural corporation, the Defendant is obligated to pay back to the Plaintiff, who acquired the buyer’s status from the Nonparty Company, the purchase price of KRW 291 million, which was paid by the Nonparty Company, as restitution of unjust enrichment or return of unjust enrichment.
B. The defendant's assertion that the plaintiff did not agree to acquire the status of purchaser of the real estate of this case from the non-party company, and even if so, the plaintiff.