(영문) 인천지방법원 2019.10.17 2018가단200371

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(영문) 인천지방법원 2019.10.17 2018가단200371

대여금

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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. The Plaintiff had C with a claim of KRW 90 million.

B. C has obtained permission from the Defendant for the use of the owner’s name and the registered name, and newly constructed a sublet on the ground D of Pakistan, and completed the registration of ownership preservation in the name of the Defendant.

C and the Defendant issued a summary order (C fine of KRW 5 million, Defendant fine of KRW 1 million) on March 12, 2019 due to the above title trust, due to the violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name, which became final and conclusive.

C. On March 10, 2014, the Plaintiff entered into a contract with C to purchase the 120 million won (hereinafter “instant real estate”).

At this time, C was granted the power of representation on a sales contract by the defendant and entered into a contract in the name of the defendant.

The instant sales contract contains the following special terms and conditions concerning payment method of the purchase price (hereinafter “instant special terms and conditions”).

The buyer shall take over 66 million won, in lieu of the payment of the purchase price, of the collateral security obligations owed by the seller to the F Association by the seller in the copy of the register of paragraph 1.

Provided, That the interest shall be borne by the seller until any balance.

The remainder of the purchase price of Paragraph 2 is KRW 54 million (i.e., KRW 120 million - KRW 66 million) shall be offset by the seller’s debt amounting to KRW 90 million.

36 million won (=90 million won - 54 million won) remaining obligations not offset by paragraph 3(2)(i.e., the seller shall pay to the buyer until December 30, 2014.

[Ground of recognition] The fact that there is no dispute, Gap 1, 2, 4, Eul 2 and 4, Eul 2 and 4, the purport of the whole pleadings

2. The Plaintiff’s assertion that the sales contract of this case was duly concluded between C and the Plaintiff, and the Defendant, in accordance with the terms and conditions of the contract of this case, has agreed to the Plaintiff as agreed upon between C and C, and thus, the amount of KRW 36 million = the existing obligation of KRW 90 million - the sales remaining amount of KRW 54 million.

참조조문

-부동산 실권리자명의 등기에 관한 법률

유사 판례

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