logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
arrow
(영문) 수원지방법원성남지원 2014.09.30 2013가단46909
매매대금반환
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. The registration of the instant land is completed as follows with respect to the area of 3,755 square meters of D forest land in Gwangju-si (hereinafter “instant land”).

1) On January 4, 1995, the registration of provisional disposition was completed on the ground of the successful bid on October 25, 1994; (2) on January 12, 1995, the registration of provisional disposition was completed on the ground of the provisional disposition order (95Kadan101) issued on January 10, 1995; and (3) on September 3, 2010, the registration of cancellation was completed on the ground of the cancellation order issued on August 17, 2010 (this Court 2010Kadan1904).

3) On September 27, 1995, the registration of cancellation was completed on the ground of termination on August 12, 2011 on the ground of the contract concluded by the Plaintiff as of September 16, 1995, and the registration of cancellation was completed on August 16, 201 (the following process).

In other words, on August 10, 2010, Defendant C filed a lawsuit against Jinjin Industrial Co., Ltd. on the claim for cancellation of the above right to collateral security, and the decision in lieu of conciliation that “Sinjin Industrial Co., Ltd. shall implement the registration procedure for cancellation of the above right to collateral security after receiving KRW 100 million from Defendant C” was finalized.

Accordingly, Defendant C paid KRW 100 million to Hanjin Industrial Co., Ltd. and completed the registration procedure for cancellation of the registration of the establishment of the above neighboring mortgage.

(4) On April 29, 2013, on April 19, 2013, the transfer registration of ownership was completed in the FF on the grounds of sale by voluntary auction.

B. On May 8, 1995, the Plaintiff paid 20 million won as the down payment for the instant land purchase price, and 60 million won on the Defendants’ side as the intermediate payment on June 8, 1995.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 7, and 8, the purport of the whole pleadings

2. The assertion and judgment

A. Defendant B’s primary claim is based on the Plaintiff’s claim as to the purchase price of the instant land between the Plaintiff and the Plaintiff on May 8, 1995.

arrow