beta
(영문) 대구지방법원 서부지원 2021.01.28 2019가단8713

손해배상(기)

Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On December 18, 2017, the Plaintiff entered into a sales contract with C (hereinafter “C”) with a content that the Plaintiff purchases 60 square meters from C for 139,200,000 won for 139,20,000 square meters from Kim Jong-si D (hereinafter “instant D land”).

The land that C is obligated to transfer to the Plaintiff according to the above sales contract through the process of consolidation and division, etc. was specified as the land E, Kim Jong-si, 198 square meters (hereinafter “instant land”) after the process of consolidation and division.

B. On April 27, 2018, C completed the registration of transfer of ownership (the cause was the sale on February 28, 2018) with respect to the instant land, and completed the registration of creation of a right to collateral security (the maximum amount of KRW 816,00,000, hereinafter “registration of collateral security”) and the registration of creation of superficies (the above registration of collateral security”) in the name of F Association (the person holding a right to collateral security and superficies) (the debtor C and the person holding a right to collateral security) on the same day (the foregoing registration of collateral security).

(c)

C A. On July 5, 2018, the Defendant and G prepared a letter stating that “I will refund the amount of discount amount of KRW 136,416,000 to the Plaintiff without completing the registration of transfer of ownership of the instant land by August 25, 2018” (No. 5; hereinafter “Defendant each letter”) to the Plaintiff.

[Reasons for Recognition] The facts without dispute, Gap 1, 4, 5, Gap 8-1 to 9-2, and the purport of the whole pleadings

2. Part of claim for agreed amount (each of the terms);

A. The Plaintiff’s assertion that the Defendant and G agreed to transfer the ownership of the instant land to the Plaintiff (hereinafter “Plaintiff’s assertion agreement”) in the status where the registration of the foregoing right to collateral security and the registration of the superficies was cancelled, at the time of the preparation of the Defendant’s written statement.

In this regard, C will raise to the Plaintiff on August 27, 2018.