logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.02.05 2019가합50359
매매대금반환
Text

1. Defendant C’s KRW 234,600,000 and the Plaintiff’s annual rate of KRW 5% from July 1, 2011 to February 5, 2020.

Reasons

1. Basic facts

A. On August 21, 2008, the Plaintiff entered into a sales contract and made a provisional registration 1) on August 21, 2008, the Plaintiff is the Plaintiff’s return 4,988 square meters (hereinafter “instant real estate”).

2) The sales contract to purchase KRW 600 million (hereinafter “instant sales contract”).

(2) Defendant C entered into the instant sales contract with Defendant C as the terms of the instant sales contract, and “Defendant C promised to assume the responsibility for all issues arising in connection with the instant sales contract.” (2) According to the instant sales contract, the Plaintiff paid KRW 60 million as the sales price to Defendant B, KRW 60 million as of August 21, 2008, and KRW 540 million as of August 25, 2008.

3) On August 26, 2008, the Plaintiff filed a provisional registration of the right to claim ownership transfer on the ground of the promise to sell the instant real estate on the same date (hereinafter “provisional registration under the Plaintiff’s name”).

(2) Defendant C and E prepared and delivered a written statement stating that “I, by June 30, 201, recover the Plaintiff by June 30, 201, the remaining amount of the investment (land price) after the Plaintiff purchased the instant real estate from F, and obtaining a collateral loan from G Cooperatives,” (hereinafter “each of the instant forms”) to the Plaintiff.

2) On July 5, 2010, the provisional registration in the Plaintiff’s name was cancelled on July 7, 2010 due to the cancellation on July 7, 2010, and on December 23, 2010, the provisional registration in the instant real estate was completed F’s right to claim the transfer of ownership on the ground of the reservation on the same date.

4) The instant real estate was sold to H on May 2, 2013 at a voluntary auction based on the right to collateral security under the foregoing 2).

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 6, Gap evidence 3-1, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the sales contract of this case was concluded with Defendant B.

arrow