(영문) 서울중앙지방법원 2017.11.16 2017가단52604

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(영문) 서울중앙지방법원 2017.11.16 2017가단52604

양수금

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1. The Defendant’s KRW 170,000,000 as well as 5% per annum from April 6, 2017 to May 17, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. (1) The Defendant purchased the Seongbuk-gu Seoul Metropolitan Government D Site (hereinafter “instant real estate”) and the unregistered buildings on its ground at C’s recommendation, to remove the building site, and sell the building site or to build the new building (hereinafter “instant project”), and agreed to pay KRW 300 million upon the completion of the instant project by entrusting C with the entire project of this case.

(2) The Defendant paid C KRW 1,925,00,000,000, respectively, from December 1, 1997 to July 27, 1998, and from September 18, 2008, respectively, with the funds for the instant business.

C After purchasing the instant real estate with the above funds, C was awarded a favorable judgment by filing a lawsuit for removal of the building against the occupant of the instant real estate (the resident of the instant real estate on the ground) but did not leave the removal and occupant.

(3) Afterwards, C attempted to remove the instant real estate from a private teaching institute in consideration of the school foundation’s intention to purchase the instant real estate, but C subsequently failed to comply with the agreement. Ultimately, the possessor paid a total of KRW 815,00,000 to the possessor and sold the instant real estate at KRW 7.3 billion on October 1, 2010 after receiving the instant real estate from the private teaching institute in consideration of the school foundation.

B. On the other hand, on March 31, 2001, C filed a provisional registration of the right to claim ownership transfer registration on the ground of a pre-sale on December 10, 1998, with respect to the land owned by C and three lots of land, 415,476 square meters and other than 3 lots of land owned by C to the Defendant (hereinafter “Macheon Real Estate”).

(2) C sold Macheon Real Estate to F, G, etc., but rescinded the contract because it did not receive the purchase price, and on February 28, 2008, sold to H again and received KRW 200 million as the down payment.

However, in the above sales contract, the defendant's right to claim ownership transfer registration against H.

유사 판례

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-서울중앙지방법원 2017.05.16 2016가합551699

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