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(영문) 광주지방법원 2019.05.14 2018가단501711
매매대금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Summary of the plaintiff's assertion

A. Nonparty C Co., Ltd. (hereinafter “C”) entered into a trust agreement with Nonparty F Co., Ltd. (hereinafter “trustee Company”) on the instant land (hereinafter “instant project site”) while carrying out the business of constructing and selling an officetel on the Seo-gu, Seo-gu, Gwangju and four lots of land (hereinafter “instant project site”).

B. The trust agreement of this case is the following: “If the trustee company manages the ownership of the business site of this case, and the preservation registration of an officetel to be constructed in the future is completed due to the construction of an officetel, the officetel ownership shall also be managed by the trustee company; only the trustee company has the right to sell the officetel; the sale price shall also be deposited in the management account opened by the trustee company; and no sales contract without the seal of the trustee company shall take effect.”

C. On April 29, 2015, the Defendant purchased E No. 1126 (hereinafter “instant officetel”) from C in total amount of KRW 68,54,000. The sales contract between the Defendant and C was a contract with no trustee company’s seal, as otherwise stipulated in the instant trust contract.

On May 20, 2015, Nonparty G, the husband of the Plaintiff, entered into a sales contract on behalf of the Plaintiff with the content that the Defendant purchases the sales right of the instant officetel from the Defendant at the office located in Seo-gu, Seo-gu, Gwangju (hereinafter “instant sales contract”).

E. The Plaintiff paid 55 million won to the Defendant on the day of the sales contract of the instant sales right, and the Plaintiff signed and sealed each party’s signature and seal on the “Buyer’s succession” column of the sales contract written between the Defendant and C as the Defendant and the transferee. The Plaintiff signed and sealed the transferor as the Plaintiff, and C issued the Plaintiff the complete receipt possessed by the Defendant after signing the confirmation seal.

F. On November 27, 2015, the registration of ownership preservation in C’s name was completed with respect to the instant officetel.

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