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(영문) 울산지방법원 2018.07.19 2017가단15927
매매대금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts are acknowledged as either a dispute between the parties or in full view of the evidence set forth in subparagraphs A(1) through (18) and the purport of the entire pleadings.

A. On November 29, 2012, the Plaintiff and C trade of the instant case with respect to the fourth 502 floor of building D in Ulsan-gun, Ulsan-gun (hereinafter “502”), the following:

(1)The sales price for the Plaintiff was KRW 190,00,000 for the Plaintiff: The seller shall pay KRW 70,000 as the down payment at the time of the contract, and KRW 70,000 as the intermediate payment shall be paid on December 20, 2012, and KRW 50,000 as the remainder payment shall be paid on January 20, 2013.

B. As to 502, the registration of initial ownership was completed on January 11, 2013 by the Defendant; the registration of initial ownership was completed on the same day with the maximum debt amount of 144,00,000,000 won; the registration of creation of a neighboring Saemaul Depository of the debtor E and the mortgagee of the right to collateral security; and the registration of establishment of a neighboring mortgage by the debtor, the defendant, and the mortgagee F of the right to collateral security.

C. C: (a) on November 29, 2012, the Plaintiff received KRW 70,000,000 from the Plaintiff as the recipient; (b) on December 20, 2012, the Plaintiff received KRW 70,000,000 from the intermediate payment; (c) on January 3, 2013, the Plaintiff received KRW 50,000,000; and (d) promised to repay the collateral debt and complete the registration of transfer of ownership with respect to subparagraph 502 of the instant purchase amount.

On July 21, 2016, the Plaintiff sent to the Defendant a certificate of content that “The Plaintiff would refund the collateral security debt of the Ulsan Saemaul Bank and not complete the registration of ownership transfer, or the refund of the purchase price of this case.” On July 21, 2016, the content certification reached the Defendant around the date of delivery.

2. The parties' assertion and judgment

A. The plaintiff's assertion C entered into the instant sales contract under the name of the defendant under the delegation of the defendant, and the defendant raises objection from the plaintiff.

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