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(영문) 광주고등법원 2020.05.13 2019나23854
매매대금반환
Text

1. Of the judgment of the first instance, the part against Defendant C in the judgment is modified as follows.

Preliminary. added by this Court.

Reasons

1. Basic facts

A. 1) Defendant C (Representative G: the husband of K, the representative director of Defendant D limited liability company, was the actual owner of the instant land.

(E) On May 10, 2013, the land indicated in paragraph (2) of the attached Table 1,892 square meters of E forest land and the land indicated in paragraph (2) of the attached Table (hereinafter collectively referred to as “real estate before subdivision”).

(2) The F Association shall complete the registration of ownership transfer with respect to the F Association on June 2, 2014 (hereinafter “F Association”).

A) As to the immovable property before subdivision, the registration of the establishment of a neighboring mortgage amount of KRW 1,224,00,000 was completed (hereinafter “instant collateral security”).

(2) On January 26, 2015, Defendant C sold real estate before subdivision to the Plaintiffs in KRW 1,800,000,000. However, Defendant C concluded a sales contract with the following terms: (a) Defendant C received KRW 200,000 from the Plaintiffs on the date of the contract; (b) an intermediate payment of KRW 200,000,000 from the Plaintiffs to the general residential area; and (c) an intermediate payment of KRW 1,020,000,000 from the remainder to the general residential area; and (c) the remainder of KRW 380,000,000 from the remainder to the acquisition of the secured obligation of the instant collateral security; and (d) concluded a sales contract with the following terms: (a) the alteration of the purpose of use of the real estate before subdivision to the general residential area; and (b) the payment of part of the apartment houses newly constructed

(hereinafter “The instant sales contract” and the sales price is “the instant sales price.” However, in consideration of tax issues, the term “sale price” of the instant sales contract was indicated as KRW 1,250,000 (the contractual amount of KRW 100 million (the receipt at the time of the contract), intermediate payment of KRW 100,000 (the payment at the time of the contract), and the remainder of KRW 50,000 ( May 20, 2015).

B. On January 23, 2015, the Plaintiffs paid part of the purchase price of the instant case (i) KRW 100,000,000 in the Defendant C’s account, and Defendant limited liability company D (hereinafter “D”) designated by Defendant C on January 26, 2015.

By remitting 100,000,000 won to the account of this case, the down payment was paid 200,000,000 won out of the purchase price of this case.

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