logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2018.06.05 2016나51849
소유권이전등기
Text

1. The plaintiff's claim that the court changed in exchange is dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. Facts of recognition;

A. On January 20, 2008, the Plaintiff entered into a false sales contract with the Defendant to purchase the instant apartment from 139,000,000 won (hereinafter “instant sales contract”) (hereinafter “instant sales contract”).

(2) The Defendant paid KRW 13,900,000 to the Defendant’s account on the day of the contract. The Plaintiff borrowed KRW 83,400,000 in total from January 31, 2008 to April 7, 2008 pursuant to the intermediate payment collective loan agreement between the Defendant and the NAF, and deposited KRW 83,40,00 in the Defendant’s account after receiving a loan from the NAF to the intermediate payment.

(b) The Housing and Urban Guarantee Corporation (the Gu Housing Guarantee Corporation; the same shall apply hereinafter).

A) A housing sales guarantee contract with the Defendant was concluded on May 2010, and around May 2010, Gangnam-si C Apartment (hereinafter “C Apartment”) including the instant apartment due to the Defendant’s default, bankruptcy, or waiver of business.

2) The Housing and Urban Guarantee Corporation is liable for the performance of the sale of housing units or for the repayment of the paid down payment and the intermediate payment to the seller of the housing units under the housing unit sale guarantee contract. 2) The Housing and Urban Guarantee Corporation is liable for the performance of the sale of housing units sold in lots to the buyer of the apartment unit under the housing unit sale guarantee contract.

3) On June 9, 2010, the Housing and Urban Guarantee Corporation notified the Plaintiff to select one of the implementation of sale in lots or the implementation of refund until June 25, 2010. On June 22, 2010, the Plaintiff expressed his/her intent to select the implementation of refund to the Housing and Urban Guarantee Corporation. Cround June 22, 2010, the Plaintiff and the Defendant drafted a written agreement to terminate the instant sales contract (hereinafter “the instant agreement termination”) around December 2012, the Plaintiff and the Defendant drafted a written agreement to terminate the instant sales contract (hereinafter “the instant agreement termination”). The main contents are as follows.

1. The plaintiff and the defendant who agreed upon the termination of the agreement are parties to the apartment of this case between the plaintiff and the defendant.

arrow