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(영문) 울산지방법원 2020.05.12 2018가단67604
매매대금반환
Text

1. Defendant B and C jointly share KRW 85,00,000 with respect to the Plaintiff and the Plaintiff, from December 25, 2018 to May 31, 2019.

Reasons

1. Facts of recognition;

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) was the executor of Ulsan Ftel (a building before changing the name; hereinafter “the instant officetel”); Defendant C was the actual operator of H Co., Ltd., the joint executor of the instant officetel; Defendant D Co., Ltd. (hereinafter “Defendant D”), the sales agent of the instant officetel; and Defendant E was the person in charge of the instant officetel sales consultation at Defendant D.

B. On April 2016, Defendant B and C agreed to sell the instant officetel without obtaining a construction permit, and entrusted Defendant D and E with the sales agency business.

C. On May 18, 2016, the Plaintiff entered into a sales contract with Defendant B and the instant officetel with the purchase price of KRW 1330 million (hereinafter “instant sales contract”) on the following grounds: (a) the Plaintiff entered into the sales contract with Defendant B and the instant officetel at KRW 133 million (hereinafter “instant sales contract”).

(The contractual date under the contract for sale is indicated as July 15, 2016). However, the sale price is set at KRW 85 million under the condition of lump-sum payment. On the same day, the Plaintiff paid the said price to H’s account at the request of the Defendants, and H issued the certificate of deposit to the Plaintiff. The said certificate of deposit stated as follows: “I confirm that the payment in advance was made in full with the purchase price in the relevant room.”

H Co., Ltd. shall promptly return to the Plaintiff on May 19, 2016, including the scheduled sale at the beginning of July 2016, or the scheduled sale at the beginning of July 2016, or the delay of at least two months, or the down payment at the time of business, and the penalty of at least 30 million won, and shall exercise the compulsory execution power only in case of a violation

“The notarial deed of a debt repayment contract stating the confirmation clause was prepared and issued.

E. Since then, the instant officetel construction and sales business were nonexistent.

[Ground of recognition] Facts without dispute, entry of Gap 5 through 8, the purport of the whole pleadings.

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