logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.12.08 2015가합549989
계약금반환
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. The former Savings Bank (hereinafter “former Savings Bank”) is a creditor who holds a claim for a loan of KRW 5,498,916,835 (as of November 29, 2013) against C&P Co., Ltd. (hereinafter “C&P”).

B. On May 4, 2010, the Defendant purchased 1,339.5 square meters of the site of the gas station in Gangnam-gu, Seoul (hereinafter “instant real estate”) from the Defendant, Gangnam-gu, Seoul, for KRW 28.5 billion, and the down payment of KRW 2.85 billion on the day of the contract, the intermediate payment of KRW 2.85 billion on the day of the contract, and the intermediate payment of KRW 2.85 billion on May 25, 2010, the remainder of KRW 22.8 billion is to be paid within ten days from the date when the Defendant performed a special agreement, such as removing obstacles to the said real estate installed, conducting a detailed investigation into soil contamination, etc.

(hereinafter “instant sales contract”). C. C. C.P. paid the down payment and intermediate payment to the Defendant.

C. On October 18, 2010, the Defendant confirmed that the Defendant removed obstacles and fulfilled all the terms and conditions of the special agreement. However, the Defendant entered into a contract for the change of the payment period until November 26, 2010, instead of increasing the balance of 180 million won on October 29, 2010.

(hereinafter “instant modified contract”). However, C&P did not pay any balance increased even until November 26 of the same year.

On December 15, 2010, the Defendant notified Clasp of the cancellation of the instant sales contract.

C. C. C. P.C. purchased the instant real estate after its primary cancellation and completed the registration of transfer of ownership, and C.C., Inc., the registration procedure for cancellation of ownership transfer registration of the instant real estate on the ground that the cancellation of the instant sales contract is unlawful, and each of the Defendant sought performance of the procedures for ownership transfer registration under the instant sales contract against the Defendant, and the Defendant is unable to perform his duty for ownership transfer registration.

arrow