(영문) 서울중앙지방법원 2019.04.12 2018가단5208966

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2019.04.12 2018가단5208966

매매대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On December 31, 2008, the Plaintiff entered into a sales contract (the instant sales contract) that sells D Buildings E and Fho Lake (the exclusive use area of which is 60.21 square meters; hereinafter the same shall apply) in Jung-gu, Seoul (the Defendant’s father’s father’s net agreement was concluded) to the Defendant.

The instant sales contract set the sales price as KRW 730,000,000, and the down payment of KRW 150,000,000 is paid on the date of the contract, and the buyer determined that the remainder of KRW 580,000,000 will succeed to the loan and the deposit for lease instead.

In addition, as "matters of special agreement", if the monthly total sales of a store (ske golf) does not exceed 14,000,000 won, the seller shall terminate the sales contract and take over again," and the buyer shall pay KRW 50,000,000 to the seller on the day of the contract with the premium for the store (ske golf) facilities.

B. At the time of the instant sales contract, the Plaintiff had a golf facility screened on May 30, 2008 with the instant real estate and leased to G a deposit of KRW 130,000,00, monthly rent of KRW 2,500,000, monthly rent of KRW 2,500, and the lease period of KRW 24 months from July 1, 2008.

C. The defendant completed the registration of transfer of ownership on January 2, 2009 on the real estate of this case on December 31, 2008.

Grounds for Recognition: Facts without dispute, Gap 1 through 3, Gap 5, the purport of the whole pleadings

2. The assertion and judgment

A. The parties’ assertion asserts that the Defendant sought payment of KRW 50,000,000 for the premium of KRW 150,000 for the instant golf facilities and the premium of KRW 50,000 for screen golf facilities according to the instant sales contract.

The defendant asserts that the registration of transfer of ownership is completed by paying both the down payment and the premium pursuant to the sales contract of this case, and that the sales contract of this case constitutes commercial activities, and the plaintiff's claim has expired five years after the period of commercial prescription

B. (1) Determination is made by the Defendant on the instant real estate after the conclusion of the instant sales contract.

유사 판례

-서울중앙지방법원 2020.04.29 2019나22882

-청주지방법원충주지원 2017.06.21 2016가단24836

-부산지방법원 2020.04.22 2019가합44763

-전주지방법원 2017.09.01 2016나4207

-서울북부지방법원 2015.11.12 2014가단128271