Text
1. As to Jeju Special Self-Governing Province, between Defendant and Non-Party Incorporated Company D, Jeju Special Self-Governing Province E, 2024 square meters.
Reasons
1. Facts of recognition;
A. D Co., Ltd. (hereinafter “D”) is a corporation established to set up and operate a weekend experience farm and tourist farm, and the defendant is the representative director of the above D.
B. On July 2, 2016, the Plaintiff concluded the following sales contract with regard to F farm type 130A and 131A sold by D (hereinafter the instant sales contract) with D:
Until March 2017, 2017, the total supply amount of KRW 108,50,000 (130A type), 89,800,000 (131A type) for the subject matter of sale and the total supply amount of KRW 130A type and 131A type
C. The Plaintiff paid KRW 79,320,000 in total to D as down payment and intermediate payment of the instant sales contract.
The buyers of the above FF farm including the Plaintiff did not perform the obligation to register ownership transfer according to the sales contract even after the completion date of the completion plan for the FF farm, and the Plaintiff filed a civil petition at the Jeju City on the grounds that approval for modification to the sale and operation plan for the rural tourism and resort site, which is the premise thereof, was not obtained. The Plaintiff rescinded the sales contract of this case against D on the grounds of the other party’s impossibility of performance. As such, D filed a lawsuit claiming the return of the sale price refund with the original district court ordering D to pay the purchase price already paid and the interest accrued thereon to its original state.
E. On February 8, 2018, the court accepted the Plaintiff’s claim by recognizing the Defendant’s impossibility of performance and rendered a judgment that “Defendant (D) shall pay the Plaintiff 79,320,000 won with interest of 15% per annum from July 4, 2017 to the date of full payment.”
D appealed against the judgment of the court of first instance (Seoul District Court Decision 2018Na52843), but the judgment dismissing the above appeal was rendered on November 29, 2018, which became final and conclusive around that time.
F. Meanwhile, on January 3, 2017, D purchased 2024 square meters prior to E in Jeju Special Self-Governing Province (hereinafter the instant real estate) from G in KRW 300,000,000, and purchased the same month.
9. Registration for the transfer of ownership;