beta
(영문) 대구지방법원 2020.04.24 2019가단142494

매매대금반환

Text

1. The Defendant’s KRW 181,88,00 for the Plaintiff and KRW 5% per annum from October 5, 2019 to April 24, 2020.

Reasons

1. The facts of recognition

1) On January 9, 2018, the Plaintiff concluded the instant sales contract with C Co., Ltd. (hereinafter “Non-Party Company”) to purchase KRW 80,00 (the purchase price of KRW 9 million is KRW 185,60,000 on the date of the contract, the balance of KRW 176,600,000 on the date of the contract, the price of KRW 176,60,00 on January 16, 2018 (the purchase price of KRW 3,712,00 on January 16, 2018) (the price of KRW 3,712,00 on the price of the purchase) from Non-Party Co., Ltd. (hereinafter “Non-Party Company”) and to complete the registration of ownership transfer from Non-Party Company 1 to 18,700,000 on the purchase price of KRW 80,00,000 on the sale price of KRW 18,781,20888.

However, if the promise is not implemented, the legal part of the litigation cost and any punishment shall be imposed.

'The letter of commitment implementation' does not exceed 'the letter of commitment implementation'

D. The non-party company did not perform its duty of ownership transfer registration pursuant to the instant sales contract as of the date of closing argument in the instant case. [The each entry in the evidence Nos. 1 and 8, based on recognition, and the purport of the entire pleadings]

2. According to the facts of recognition under the above Paragraph (1), the non-party company failed to perform the registration of ownership transfer pursuant to the above sales contract until December 17, 2018, while the defendant is obliged to perform the registration of ownership transfer pursuant to the above sales contract to the plaintiff by January 21, 2019.