logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.01.30 2017나2053812
매매잔대금
Text

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

Reasons

1. Facts of recognition;

A. On February 22, 2016, the Plaintiff entered the instant sales contract (Evidence A No. 1) into a sales contract on January 21, 2016 and revised on February 22, 2016, and the date of entering into the contract is “ February 22, 2016.” The Defendant does not dispute otherwise as to the Plaintiff’s assertion that “the date of entering into the contract is “ February 22, 2016.” In light of the fact that the down payment and the intermediate payment were paid before February 22, 2016, and the cause for registration of transfer of ownership (the instant building) completed in the name of the Defendants is “the sales contract on February 22, 2016.” In view of the fact that the cause for registration of transfer of ownership, which was completed in the name of the Defendants, is “the date of entering into the sales contract on January 21, 2016” and the sales price pursuant thereto was paid, it appears to have changed to “the date of entering into the contract.”

The Defendants sold to the Defendants, in the amount of KRW 5.5 billion, the store Nos. 3054 to 3062 and 3078 to 3081 (hereinafter the above 13 commercial buildings referred to as the “instant building”) of the third floor No. 3050,000,000.

(hereinafter “instant sales contract”). The Defendants, out of the instant sales price, paid 1 billion won of the down payment to KRW 1 billion on the date of the contract, intermediate payment of KRW 965 million on the date of the contract, and the remainder of KRW 3.8 billion on February 15, 2016, respectively, on April 22, 2016.

B. From January 29, 2016 to April 18, 2016, the Defendants paid to the Plaintiff totaling KRW 5.49 billion for the instant purchase price as follows.

1) Of the intermediate payment on January 29, 2016, KRW 585 million (2) KRW 500 million out of the down payment on January 30, 2016, the remainder KRW 500 million out of the down payment on January 30, 2016 (3) KRW 665 million out of the intermediate payment on February 15, 2016) KRW 30 million out of the remainder of the intermediate payment on February 16, 2016, KRW 3.4 billion out of the remainder on April 18, 2016.

C. On April 18, 2016, the Plaintiff completed the registration of ownership transfer on the grounds of a sales contract (instant sales contract) dated February 22, 2016 with respect to shares of 1/2 of the instant building to the Defendants.

【Ground for recognition” has no dispute, and each description of Gap evidence 1 through 3 has been numbered.

arrow