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Reasons
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(영문) 서울고등법원 2015.08.19 2014나59202
구상금
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1. Revocation of the first instance judgment.

2. The Defendant’s KRW 170,000,000 for the Plaintiff and its related expenses from February 4, 2014 to August 2015.

Reasons

1. Recognized facts;

A. On October 204, 2004, the wife I representing the Plaintiff under the name of the Defendant of the instant apartment, determined that the purchase price was KRW 270 million as KRW 120,000 (hereinafter “instant apartment”) between C’s wife H and C who represented C, and the Defendant entered into a sales contract (hereinafter “first sales contract”).

(2) On October 18, 2004, H entered into a sales contract with the Defendant as the buyer upon the request of the I to release the owner of the apartment of this case from the Defendant, and completed the registration of ownership transfer in the name of the Defendant.

H There is no defendant or no principal enemy.

B. (1) The Plaintiff, while residing in the instant apartment complex under the name of G, entered into a lease agreement with G on October 8, 2013, under which he/she leased the apartment to KRW 300 million, and received down payment KRW 30 million from G.

(2) Meanwhile, E, the guarantee creditor of the Defendant (the principal debtor, the Defendant’s fraud), filed an application for compulsory auction against the instant apartment as the claim amounting to KRW 170 million with respect to the instant apartment. On November 20, 2013, prior to receiving the remainder lease deposit from G, the Plaintiff received a decision to commence compulsory auction (Seoul Central District CourtF) on November 20, 2013.

(3) On December 5, 2013, the Plaintiff entered into a sales contract with G for the instant apartment with the sales price of KRW 350 million (the seller’s name was the Defendant; hereinafter “second sales contract”). The instant apartment was registered in G’s name on December 26, 2013.

C. A repayment of KRW 170 million to E was made (1) G out of the purchase price of KRW 350 million pursuant to the second sale and purchase contract of KRW 60 million (in that case, KRW 30 million was appropriated for the return of the lease deposit of KRW 30 million), and the Defendant E.

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