logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 2019.04.10 2018나24577
매매대금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a co-owner holding 2/5 shares of each building listed in attached Tables 2 and 4, and C is a co-owner holding the remaining 3/5 shares and the owner of each land listed in attached Tables 1 and 3.

(2) As to the sale of the instant real estate under Article 1 of the Terms and Conditions of Contract (hereinafter collectively referred to as the “instant building”), the purchaser shall pay the purchase price as follows in the sale of the instant real estate as stated in the separate sheet Nos. 2 and 4; and each land listed in the separate sheet Nos. 1 and 3;

Sales proceeds: 1,100,000 won: The balance of KRW 110,000,000 for down payment on October 10, 2016: The following balance under a special agreement shall be paid on September 1, 2017:

Article 3 In the event that there are grounds to restrict the exercise of ownership such as mortgage, superficies, lease, etc. established on the instant real estate, or there is any unpaid amount of taxes, public charges and other charges, the seller shall remove the defects and charges until the contract date to transfer the full ownership.

except in cases of rights and amounts agreed to succeed.

Article 4 Buyers shall pay KRW 10 million on December 30, 2016 and KRW 100 million on January 25, 2017 and KRW 300 million on June 23, 2017 to D.

In addition, the buyer shall pay 200 million won to E on April 10, 2017.

[Matters of Special Agreement]

1.Provisional seizure (other than E) shall be liable for and repaid by the seller as down payment.

2. The balance obtained by deducting the down payment and the above Article 4 from the purchase price of KRW 1.1 billion shall be repaid to C on September 1, 2017 by the purchaser.

(Provided, That the amount of KRW 120,000 shall be paid immediately to the Plaintiff).

On October 7, 2016, the Plaintiff and C concluded a contract to sell the instant real estate (including interior facilities) to the Defendant (hereinafter “instant sales contract”) with the following content:

C. Meanwhile, the establishment registration and the establishment registration of the neighboring real estate completed at the time of the conclusion of the instant sales contract.

arrow