(영문) 서울남부지방법원 2019.10.22 2019가단221110

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(영문) 서울남부지방법원 2019.10.22 2019가단221110

원상회복 등

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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. Defendant (Counterclaim Plaintiff), Plaintiff (Counterclaim Defendant) A, 30,363.

Reasons

1. Basic facts

A. On July 31, 2004, the Plaintiffs indicated “D, E (including road shares) forest size of 678m2, E forest size of 43m2, and F forest size of 65m27m2 from the Defendant on July 31, 2004.”

(1) The F is marked in the drawings (No. 1) attached to the sales contract (No. 2).

(hereinafter referred to as “instant land”) purchased 153 million won or more of the land subject to purchase.

(hereinafter “instant sales contract”). Of the terms and conditions of the instant sales contract, the parts relating to the instant case are as follows.

2. The Plaintiffs are to pay the purchase price as follows.

The down payment of KRW 10 million shall be paid and received at the time of the contract. The intermediate payment of KRW 30 million shall be paid on August 16, 2004, the intermediate payment of KRW 33 million shall be paid on August 31, 2004, and the remainder of KRW 80 million shall be succeeded to the loan.

Article 3 The time of delivery of the land of this case shall be August 31, 2004.

Section 6. In the event of the seller's breach of contract, the contract deposit shall be compensated for the amount of the down payment, and the contract deposit shall be reverted to the seller without returning it.

Matters of special agreement

1. Loans: G 40 million won shall be succeeded by Plaintiff A, while KRW 40 million shall be succeeded by Plaintiff B.

2. At the time of intermediate payment, the defendant is the condition that the establishment of the right to collateral security shall be guaranteed by the plaintiffs.

4. In cases of transfer of ownership after six months, the transfer tax shall be borne by the seller, and even if the nominal owner is changed, all documents necessary for the transfer of ownership shall be cycled;

Under the instant sales contract, the Defendant paid down payment and intermediate payment to the Defendant.

B. At the time of the conclusion of the instant sales contract, the instant land had the right to collateral security of KRW 416 million with the maximum debt amount set on July 28, 2004, and KRW 416 million with the debtor, the defendant, and the mortgagee G Co., Ltd. (hereinafter “G”).

C. On October 1, 2004, the defendant on October 1, 2004, against the plaintiffs the maximum debt amount of the land of this case 73 million won.

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