(영문) 광주지방법원 2018.05.15 2017가단524472

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(영문) 광주지방법원 2018.05.15 2017가단524472

매매대금반환

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1. The Defendant’s KRW 47 million to the Plaintiff, as well as 5% per annum from September 29, 2014 to October 12, 2017.

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter referred to as “C”) carried out the new construction and sale of a 13th floor underground and a 13th floor Etel on the land of Seo-gu, Seo-gu, Gwangju (hereinafter referred to as “instant project site”).

B. The Defendant purchased the sale right of F heading F of the said officetel (hereinafter the instant officetel) from C

(The sale price is 66,726,00 won, but the actual 46 million won is discountedly sold. (The sale price is 66,726,00 won).

On September 27, 2014, the Plaintiff entered into a contract with the Defendant to resell the instant officetel sales right at KRW 47 million.

(hereinafter the resale contract of this case). The Plaintiff paid 47 million won to the Defendant by September 29, 2014, and the Defendant completed a change in the name of the buyer.

On the other hand, C entered into a trust agreement with G Co., Ltd. (trustee Company) on the instant officetel while running the instant business of selling officetels, and completed the registration of ownership transfer to the trustee company on March 23, 2012 on the instant business site due to trust.

E. According to the legal relationship of the above trust contract, in order for a buyer to complete the registration of ownership transfer after having sold officetels, he/she should conclude a sales contract with the trustee company and pay the sales price to the trustee company account.

As the status of a legitimate buyer was not recognized from the trustee company, the Plaintiff was unable to be transferred the registration of ownership of the instant officetel.

(The instant officetel transferred ownership to a third party who was recognized as a buyer by the trustee company on August 31, 2017). [Grounds for recognition] of no dispute, Gap evidence 1 through 7, Eul evidence 1, 2 (including the serial number), and the purport of all pleadings.

2. Determination as to the cause of action

A. The principal purpose of a sales contract is to have the buyer acquire the ownership of an object based on the right of sale, which is the right to legitimate rescission and sale of the resale contract of this case as the object of sale.

The following circumstances:

유사 판례

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