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(영문) 울산지방법원 2014.12.11 2014가합1122
매매대금반환 등
Text

1. The Plaintiff, Defendant B Co., Ltd., and C Co., Ltd., each of whom was KRW 205,000,000, and Defendant B Co., Ltd. on March 6, 2014.

Reasons

1. Basic facts

A. On May 4, 2012, the Plaintiff concluded a sales contract with Defendant D, a licensed real estate agent, to purchase the sales price at KRW 450 million (hereinafter “instant real estate transaction contract”) with Defendant B Co., Ltd. (the representative director C; Defendant B Co., Ltd.; hereinafter the “Defendant Co., Ltd.”) in Ulsan-gu, Ulsan-gu, and with Defendant B Co., Ltd. (hereinafter the “Defendant Co., Ltd”).

At the time of the conclusion of the above sales contract, the instant real estate had been registered for the ownership transfer in the name of the GUUUUUUUUUU. However, the Defendant C, a director of the GUUUUU, agreed to the Plaintiff that “The instant real estate was sold again after purchasing the name of the Defendant company operated within the Gu, through the GUUUU’s Steering Committee, and selling it again. If purchased and paying the purchase price, then the Defendant would first register the ownership transfer to the company and then make the ownership transfer transfer to the party.”

B. On May 11, 2012, the Plaintiff paid to the Defendant Company KRW 75 million as part of the down payment and intermediate payment, KRW 150 million as part of the intermediate payment, and KRW 250 million as part of the intermediate payment on June 20, 2012, and paid KRW 245 million out of the purchase price.

C. On June 15, 2012, the remaining payment date under the instant sales contract, the Plaintiff paid a balance to the Defendant Company and received the registration of ownership transfer for the instant real estate in the future of the Plaintiff. However, Defendant C merely thought that the purchase price received from the Plaintiff was used for an individual purpose, and Defendant C did not have an intention or ability to make the registration of ownership transfer under the name of the Defendant Company, and accordingly, had the intention or ability to make the registration of ownership transfer again to the Plaintiff.

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