(영문) 부산고등법원 2015.09.09 2014나7865 | 리걸엔진

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(영문) 부산고등법원 2015.09.09 2014나7865

손해배상(기)

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On March 15, 2012, the Defendant agreed to contract the construction period of the interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior works (including parking lot, floor construction, fence construction; hereinafter “instant construction”) with C (hereinafter “C”) (hereinafter “instant contract”) and the payment of construction price of KRW 320,00,000,000 from April 4 to July 30, 2012 (hereinafter “instant construction”) and the payment of construction price is to be settled after completion.

B. On June 26, 2012, the Defendant concluded a sales contract with the Plaintiff to sell KRW 201 of the instant loan (hereinafter “instant real estate”) to the Plaintiff at KRW 169,650,000 (hereinafter “instant sales contract”). The terms and conditions of the instant sales contract stipulate that “The instant real estate shall be paid as the construction cost of C, and the ownership shall be transferred upon completion.”

C. On September 21, 2012, the Defendant obtained approval for the use of the instant loan, and completed registration for the preservation of ownership on October 10, 2012 with respect to the instant real estate, and completed registration for the transfer of ownership in the name of KF real estate trust corporation, a trustee, on the same day.

[Ground of recognition] The fact that there is no dispute, Gap's 3, 39, 43 evidence, Eul's 1 and 2 evidence (including each number, if any; hereinafter the same shall apply), the witness F of the first instance court, G's testimony, and the whole purport of each pleading

2. Judgment on the issue

A. The parties’ assertion and the Plaintiff, the Plaintiff’s creditor of the instant case, purchased the instant real estate from the Defendant as a substitute payment for the Plaintiff’s goods price claim against C, and the Defendant is obligated to implement the procedure for ownership transfer registration for the instant real estate.

However, the defendant is about the real estate of this case in the future of the KF real estate trust company.

유사 판례

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