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(영문) 수원지방법원 2018.08.14 2017나77336
예탁금출급권자확인청구의 소
Text

1. Revocation of the first instance judgment.

2. The remainder of KRW 58,00,000 deposited in the Non-Party LLC on April 6, 2015.

Reasons

1. Basic facts

A. The Defendant completed the registration of ownership transfer on August 9, 2005 with respect to the land of 8,461 square meters (hereinafter “the instant real estate”) in Sungsung-si located within the land transaction permission zone.

B. On January 24, 2006, the Plaintiff, an employee of the Defendant Real Estate Brokerage Office, introduced the instant real estate owned by the Defendant to the Plaintiff.

B. Of the instant real estate, the sales contract was concluded to purchase KRW 3,306 square meters (hereinafter “instant sales contract”) for KRW 1 billion, and the Defendant paid KRW 200 million for the same day down payment and KRW 400 million for the intermediate payment on February 24, 2006, respectively.

C. Meanwhile, prior to the instant sales contract, on September 8, 2005, F Co., Ltd. (hereinafter “G”) concluded a contract with the Defendant to purchase KRW 1,422 square meters of the instant real estate from KRW 4,30,000,000,000 for the purchase price, and paid KRW 6,150,000 on September 8, 2005, KRW 18,500,000 on September 14, 2005, KRW 120,000 on February 15, 2006, KRW 2,000,000,000 for KRW 2,422,000,000 from the Defendant around November 15, 2005, KRW 2,412,730,000,000 for the purchase price, and paid KRW 1,51,51,20,005,000,00 won for the purchase price.

The Plaintiff and the Defendant’s lawsuit regarding the instant sales contract 1) H Co., Ltd. (hereinafter “H”)

(2) The Plaintiff, G, etc., who purchased a specific part of the instant land from the Defendant, obtained the consent of H, and used the said part as an access road to the instant real estate, and the road occupation and use of the said part as an access road was completed on August 2, 2006, on the ground that the construction work of the road construction on the access road for which H was not completed.

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