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(영문) 대전고등법원 2019.06.20 2018나15800
매매대금반환
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The plaintiff's defendant C added at the trial of the court.

Reasons

1. Basic facts

A. On November 20, 2015, the Plaintiff entered into a contract with the Defendant Company to purchase the sixth floor E (hereinafter “instant building”) of the building D in Sejong Special Self-Governing City at KRW 578,176,560 (hereinafter “instant sales contract”). (The contract amounting to KRW 115,630,310, intermediate payment to KRW 231,270,60, and intermediate payment to KRW 231,270,60 on February 5, 2016, and KRW 231,270,620 upon approval for the use of the remainder; hereinafter “instant sales contract”).

By November 30, 2015, the Plaintiff paid to the Defendant Company KRW 115,635,310, and KRW 231,270,60 in total, the intermediate payment of KRW 346,905,910, respectively, on September 20, 2016.

The instant building was approved for use on August 22, 2016.

B. On October 6, 2016, the remaining payment deadline for the remainder, the Plaintiff entered into a sales contract for the instant right to sell the instant building under the said sales contract with Defendant C (hereinafter “instant resale contract”) and entered into a sales contract with Defendant C on October 6, 2016 as follows.

Around that time, the Defendant Company consented to the resale contract of the Plaintiff and Defendant C, and changed the purchaser’s name to Defendant C.

- Trading amount: 578,176,560 - Contract deposit: 53,00,000 won ( October 6, 2016): 525,176,560 won: Contract under the condition of the right to sell in lots; 578,176,560 won (including value-added tax 24,176,560 won) - 24,176,560 won = 554,00,00 won in real transaction amount of KRW 554,110,80,000 in intermediate payment of KRW 221,60,600 in the form of the right to sell in lots; 332,40,000 in the form of intermediate payment of KRW 354,00 in the form of the right to sell in lots;

The transferee shall succeed to the balance 40% 231,270,620 won (including value-added tax).

C. From October 4, 2016 to October 9, 2016, Defendant C paid the Plaintiff KRW 103,000,000,000 in total, over five times as the resale price of the instant case.

[Defendant C’s assertion that an additional amount of KRW 5 million was paid as the price for resale on October 18, 2016. According to the foregoing Defendant’s statement of deposit and withdrawal (referring to the reference document as of November 15, 2018 and the reference document as of May 29, 2019), it is recognized that KRW 5 million was deposited from the above Defendant’s account.

(b).

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