beta
Text
1. The Defendant’s KRW 45,00,000 as well as the Plaintiff’s annual rate of KRW 5% from September 13, 2017 to July 27, 2018.
Reasons
1. Basic facts
A. On March 23, 2012, C Co., Ltd. (hereinafter “Execution Company”) entered into a trust agreement for sale management (hereinafter “instant trust agreement”) with E Co., Ltd. (hereinafter “Trust Company”) in the course of carrying on the business of selling Dteltel in units, and entered into a trust agreement with E Co., Ltd. (hereinafter “Trust Company”) (hereinafter “instant trust agreement”).
The main contents are that the trust company manages the ownership of the business site of an officetel, and if the officetel is newly constructed and preserved and registered, the officetel ownership is also managed by the trust company, and only the trust company has the right to sell the officetel and the sales price is also deposited in the management account opened by the trust company, and the sales contract without the seal of the trust company has no effect.
B. The registration of transfer of ownership was completed on March 23, 2012 with respect to the site of the Dtel under the name of the executor, and the registration of transfer of ownership was completed on the same day under the name of the trust company.
C. On July 29, 2014, the Defendant concluded a sales contract with the selling price of KRW 67,635,00 with respect to Si events and Dtel G (hereinafter “instant officetel”).
There was no indication of the trust company in the contract for sale.
On August 6, 2014, the Plaintiff agreed to succeed to the sales contract at KRW 45,00,000 from the Defendant (hereinafter “instant resale contract”) and paid the price in full. The Plaintiff entered the transferor, the transferee, and the transferee in the form of buyer’s succession in the sales contract prepared between the Defendant and the executor.
E. On November 27, 2015, the executor completed the registration of ownership preservation of the instant officetel, and on the same day, the registration of ownership transfer was completed on November 27, 2015 in the name of the trust company with respect to the instant officetel, and the registration of ownership transfer was completed on June 15, 2017 in the name of H.
[Ground of recognition] A.