(영문) 서울중앙지방법원 2021.01.27 2020가합551610

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(영문) 서울중앙지방법원 2021.01.27 2020가합551610

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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On June 22, 2007, the Defendant entered into a real estate security trust agreement with the truster Co., Ltd., Ltd., the Defendant, the trustee, the first beneficiary Co., Ltd., D, and the beneficiary Co., Ltd with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”). On October 11, 2007, the Defendant acquired the ownership of the instant real estate on October 11, 2007.

B. On September 8, 2017, the Defendant issued a public auction notice for the general competitive bidding method on the instant real estate, and conducted the public auction procedure. On September 21, 2017, the Plaintiff was awarded a successful bid on September 28, 2017, and on September 28, 2017, the Plaintiff and the Defendant entered into a sales contract for the instant real estate purchase price of KRW 8,717,475,058 (amounting to KRW 879,90,000 when concluding the contract, and KRW 7,837,485,05,058 was paid at the time of entering into the contract, and KRW 879,90,000 was converted into the down payment (hereinafter referred to as “instant sales contract”).

Article 4 (Transfer of Ownership) (1) The defendant shall register the transfer of ownership within seven days from the date of settlement of the disposal price, and the expenses incurred in registering the transfer shall be borne by the plaintiff.

Article 9 (Liability for Defects and Burden of Risk) The plaintiff will enter into a sales contract with the defendant after examining in detail the rights, status and use of the sale real estate, and shall assume the responsibility of the plaintiff for all physical and legal defects, including the following matters:

5. Article 10 (Cancellation and Termination of Contracts) (1) In the event that the defendant or one of the plaintiffs commits an act falling under any of the following subparagraphs, the contract may be rescinded after peremptory notice has been given in writing to the other party for a period of seven days from the date on which the contract has been performed:

At this time, the contract will be rescinded due to the plaintiff's reasons for liability.

유사 판례

-서울중앙지방법원 2021.01.27 2020가합551610

-대구지방법원 2021.01.13 2020나300969

-수원지방법원 안양지원 2018.07.13 2017고단1327

-대구지방법원 2016.01.22 2015가합18

-수원지방법원 2017.04.19 2016노8835