(영문) 대구지방법원 2015.12.03 2015가합2328

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(영문) 대구지방법원 2015.12.03 2015가합2328

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 26, 2013, the Defendant concluded a sales contract with C and 4 billion won (the contract amounting to KRW 400 million on the date of the contract, and the intermediate payment of KRW 800 million is paid on July 10, 2013, and the balance is paid on September 27, 2013) to sell real estate listed in the separate sheet (hereinafter “each of the instant lands”) to “Buyer D and one other” (hereinafter “instant sales contract”).

B. The instant sales contract provides that “1. The seller shall transfer the intermediate payment to a corporation and an individual designated by the purchaser at the time of the payment of the remainder (hereinafter “special agreement”) under the name of the purchaser at the time of the intermediate payment. 2. The intermediate payment may be paid under the name of the corporation made by the purchaser at the time of the payment of the intermediate payment, and the down payment already paid shall be transferred to the purchaser’s right made by the purchaser and the effect of this contract shall also be established in the corporation made by the purchaser. 3. The remainder shall be paid with the loan from the financial institution.” The following special agreement (hereinafter “special agreement”).

1) The removal lawsuit in progress on the land of E shall actively cooperate with the buyer so that it can be processed smoothly in future progress even after the end of the land contract even after the land contract, and the right shall be transferred to the buyer. 2) When the intermediate payment is executed after the land contract, the seller shall cooperate with the buyer in the document related to permission.

3) F-related B’s claim amounting to KRW 140,000,000,000,000, shall be transferred to C in entirety with all the F-related documents and passbooks, etc. at the time of payment of any balance. 4) actively cooperates with C by dividing the former in the purchase of G in Gumi-si.

C. D, as indicated in the instant sales contract as the buyer, remitted the down payment amount of KRW 400 million to the Plaintiff on the date of the instant sales contract, and on July 4, 2013, the Plaintiff established the Plaintiff, and the Plaintiff on July 10, 2013, which was the date of the intermediate payment, shall be the Defendant on July 10

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