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Reasons
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(영문) 서울고등법원 2016.06.15 2015나2045527
매매대금
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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. Basic facts

A. The defendant is the plaintiff's wife F's wife F with the plaintiff's wife F.

B. On March 26, 2007, the Plaintiff concluded a sales contract with the owner D to pay the sales amount of KRW 120,000,000 on the date of the contract, the intermediate payment of KRW 50,000,000 on April 15, 2007, with the remainder payment of KRW 60,000,000 on April 26, 2007.

(hereinafter “instant sales contract”). C.

The Plaintiff paid D the down payment of KRW 10,000,000 on March 26, 2007, KRW 10,000 on March 31, 2007, KRW 20,000 on April 2, 2007, KRW 30,000 on April 26, 2007, KRW 30,000 on April 26, 2007, and KRW 50,000 on May 16, 2007, respectively.

around September 2007, the Plaintiff and the Defendant agreed to succeed to the status of the purchaser of the instant sales contract, and the Defendant, on September 11, 2007, entered into a new sales contract with D as to which the purchaser is the Defendant and the date of payment of the purchase price is different.

E. The Defendant completed the registration of transfer of ownership as Seoul Western District Court Seodaemun-gu Registry on November 17, 2007 as the receipt No. 45603 on the instant housing.

[Reasons for Recognition] Unsatisfy Facts, Gap evidence Nos. 1, 2, 3, 4, and 5 (including numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1 of the parties on the process of concluding the instant sales contract was engaged in the construction business, and was engaged in work with the Defendant, his wife. At the time when the Plaintiff entered into the instant sales contract and paid the price, the Defendant sought to purchase the instant house because the Defendant is going to enter into a marriage.

With its consent, the Plaintiff succeeded to the status of the purchaser of the instant sales contract, and the purchase price that the Plaintiff paid was replaced by the purchase price of the Defendant, and the Defendant thereafter.

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