logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2016.05.25 2015가합4848
매매대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On July 2, 1993, the Plaintiff asserted that: (a) around July 2, 1993, the Defendant entered into a sales contract to purchase KRW 105 million, KRW 181.5 million, KRW 202,000,000, and KRW 3331.5 million,000,000 (i.e., construction cost of KRW 51.5 million), and the Defendant did not complete the registration of ownership; (b) on June 12, 1995, the Plaintiff sold all at auction while the Defendant did not complete the registration of ownership; and (c) on June 12, 1995, the above KRW 105 and the above KRW 202,00,00,000, respectively, purchased from the Defendant.

Therefore, the defendant asserts that the plaintiff is obligated to return KRW 32,95 million after deducting KRW 2,00,000,000, which was already returned, from the purchase price of KRW 33,1,500,000.

2. Facts of recognition;

A. On July 2, 1993, the Plaintiff concluded a sales contract with the Defendant and Gwanak-gu, Seoul Special Metropolitan City (hereinafter “instant lending 202”) to purchase KRW 150 million for the purchase price, and paid in full.

B. On September 20, 1993, the Plaintiff purchased KRW 181,50,000 from the purchase price to the Defendant and Gwanak-gu Seoul Special Metropolitan City’s 105th floor C (hereinafter “instant 105th floor”)

9.2. The instant sales contract, along with the instant sales contract for the second day.

(A) The Plaintiff can be recognized as the buyer, since it is reasonable to deem the Plaintiff as the trading party in that the Plaintiff did not enter the purchaser in the certificate of No. 2, but was in custody of the Plaintiff.

(C) All of the above 105 and 202 were applied for a voluntary auction on September 16, 1995, and on June 12, 1995, the above 105 was awarded by D, and subparagraph 202 of the above 105 was awarded by E, and the above 202 was registered for transfer of ownership in the name of D on October 7, 1995, and subparagraph 202 of the above 202 was completed in E on July 24, 1995.

3. Determination

A. As long as there is no assertion as to the cancellation or invalidation of the instant sales contract as a performance of obligation under the instant sales contract, the Plaintiff is the seller as the buyer.

arrow