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(영문) 광주고등법원(전주) 2016.03.17 2015나101868
소유권이전등기
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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. On June 26, 2012, Plaintiff A entered in the separate sheet (hereinafter “instant real estate”) from the Defendant, the executor of the construction project of the building construction of the main apartment building F (hereinafter “instant new construction project”) located outside C and two parcels of the Gunsan City, in the sales price of KRW 2,182,015,00, the sales price of the instant real estate is KRW 2,482,41,00. However, according to the evidence No. 2, the Plaintiff and the Defendant agreed to calculate the sales price of KRW 10,00,000 per square year, and the Defendant stated that the value of the instant real estate is KRW 2,182,015,00,000 (the preparatory document of June 26, 2015) and the actual sales price of the instant real estate is KRW 2,182,00,000,0000.

On June 26, 2012, the sales contract was concluded to sell the commercial buildings in lots, and on July 30, 2012, a sum of KRW 250 million, including KRW 50 million, out of the intermediate payment of KRW 200 million, was paid to the defendant.

B. On the other hand, on November 15, 2012, the Defendant entered into an investment agreement with a limited liability company (hereinafter “Lone Star Real Estate Consulting”) with respect to the instant new construction business on the following (hereinafter “instant investment agreement”).

1. In relation to the new construction business of this case, Costone Real Estate Consulting Co., Ltd. stated in the agreement to the Defendant as “the Defendant’s real estate consulting” but it appears to be erroneous.

The Defendant invested KRW 500,000,000,000 in total, and KRW 500,000,000 in total, within one week after the date of completion of the project, shall be paid to Lone Star Real Estate Consulting.

2. As to the sum of KRW 1 billion in total under paragraph 1, the Defendant’s disposal of the instant real estate by offsetting the instant real estate to the Lone Star Real Estate Consulting Co., Ltd.

3. At present, the instant real estate is designated by the buyer, but real estate consulting is designated.

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