logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.11.04 2016나2545
건물인도
Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

(b).

Reasons

1. Facts of recognition;

A. On June 5, 2014, the Plaintiff entered into a sales contract with G, on behalf of the Defendants, with the content that each of the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant real estate”) shall be sold to the Defendants at KRW 1.76 billion, and the buildings listed in the separate sheet No. 4 among them shall be sold to the Defendants at KRW 1.76 billion, and the price shall be paid in full without down payment and intermediate payment until August 31, 2014.

(hereinafter “instant sales contract”).

B. On the same day, G representing the Plaintiff and the Defendants reached an agreement regarding the instant sales contract as follows.

(hereinafter “instant agreement”). The grace period for the sale price shall be issued with respect to the sale price, but the payment grace period shall be August 31, 2014.

However, if the contents of the agreement are not implemented, ① all conditions and rights shall be restored to the original state at the time of the transfer of the sales contract of this case. ② The Defendants shall compensate the Plaintiff for the amount equivalent to twice the purchase price, and transfer without compensation the rights to all patent rights owned by Defendant C Co., Ltd. (hereinafter “Defendant C”) to the Plaintiff. ③ The Defendants agree to allow voluntary disposal at the same time, such as for restitution of corporeal movables, such as plant facilities and equipment installed in each of the instant real estate, all materials, and office equipment, seizure, and public auction, etc.

The transfer registration of ownership on each real estate of this case shall be changed in the name of the Defendants by agreement with the Plaintiff after the Plaintiff’s acquisition and registration tax reduction date

During the grace period for the payment of the sale price, the Defendants paid the interest on corporate bank loans, monthly expenses for tax credit expenses, and other electric use fees, etc. from June to 25th of each month to the Plaintiff’s account.

C. The Defendants possessed each of the instant real estate, including the transfer of each of the instant real estate after the conclusion of the instant sales contract, and the transfer of production facilities, etc. on the instant building.

However, there is a problem.

arrow