(영문) 대구지방법원 2018.11.07 2018나304937

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(영문) 대구지방법원 2018.11.07 2018나304937

매매대금반환

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1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The land on 13 lots, including D, 347.1 square meters, located in the Gyeongdong-gun, Gyeongbuk-do (hereinafter collectively referred to as “the land owned by the family-friendly association”) is the land divided into 3771 square meters, F 428.3 square meters, and D large 1383.2 square meters, and the G clan-friendly association (hereinafter referred to as “family-friendly association”) committed a trust of the name of registration to some of the members of the family.

B. On May 28, 2006, a clan-friendly association organized a contract with H to color a person who will purchase land, etc. owned by the clan-friendly association for a clan and to have the buyer enter into a direct sales contract with the clan-friendly association. However, in cases where a sales contract is concluded with an amount exceeding the amount agreed upon between H and the clan-friendly association, H would make it possible for H to cover transactional merit pay or litigation expenses with respect to the excess amount so that H would exclusively sell the land, etc. owned by the clan-friendly association. On the other hand, on the land, etc. owned by the clan-friendly association, the clan-friendly association signed a contract with the purchaser KRW 1,550,000 (hereinafter “first contract”).

C. On June 15, 2006, the Defendant: (a) as to the land, etc. owned by the family-friendly association, the seller I; (b) the buyer was the Defendant; (c) the buyer was the Defendant; and (d) the down payment of KRW 80,000,000,000 on the date of the contract; and (c) the remainder amount of KRW 2,038,200,000 on the date of the contract; and (d) the payment of the balance for the implementation of the procedures for the transfer of ownership and the payment of the remainder amount thereof was made as of July 31, 2006 (hereinafter “second contract”); and (c) paid KRW 340,90,000 in total to H from the time of the contract to February 5, 2008.

H is based on the increase in the burden of expenses due to the refusal of the registration of transfer of ownership by the members of the clan entrusted in name from the clan and the objection of the members of the clan to the purchase price of the first contract with the clan clan.

유사 판례

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-대구고등법원 2015.09.02 2014나2045

-광주지방법원목포지원 2019.07.24 2019가단50053

-창원지방법원 2017.01.25 2015나35243