logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2016.05.17 2015가단117266
매매계약관계부존재 확인의 소
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Plaintiffs are those who owned a co-ownership of H 92,926 square meters of forests and fields at Kimpo-si (hereinafter “instant real estate”). The Defendant was a person who established an incorporated foundation, purchased the instant real estate, and contributed to the acquisition of the instant real estate, thereby promoting memorial park projects.

B. On December 8, 2006, the Defendant concluded a sales contract between the Plaintiffs and the Defendant on December 1, 2006, with a view to using it for the memorial park business on December 8, 2006 (hereinafter “the sales contract between the Plaintiffs and the Defendant”) under which the Defendant purchased the instant real estate from the Plaintiffs for KRW 1.45 billion (hereinafter “the sales contract between December 8, 2006”).

A) However, at the time of the above contract, I claimed the right to claim ownership transfer registration and completed the entry registration on August 18, 2005 (this Court Decision 2005Kahap443, 2005). The Defendant transferred KRW 100,000 to A, the Plaintiff on December 14, 2006, and KRW 200,000 as the intermediate payment on February 2, 2007, respectively.

3) The Defendant issued the Plaintiff’s written consent to land use to promote the memorial park project for the instant real estate, but did not receive it from the rest of the Plaintiffs, and the contract performance did not proceed any longer. C. After the conclusion of the instant sales contract between the Plaintiffs and the Defendant, the Defendant requested the Plaintiff to submit relevant documents, such as the written consent to land use, through the Plaintiff, by using the instant real estate as an industrial complex project, not a memorial park project, instead of a memorial park project. The Plaintiff demanded an increase in the price.

2) Accordingly, on February 22, 2008, the Defendant purchased the instant real estate owned by the Plaintiffs in total at KRW 2.2 billion, and concluded a real estate sales contract with the purport that the remainder KRW 600 million shall be paid by May 23, 2008 on the date of the contract, and the remainder KRW 1.6 billion shall be paid by May 23, 2008 (hereinafter “instant sales contract”).

. The defendant is above.

arrow