logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2019.12.06 2018가단64407
매매대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. At around August 17, 2015, three sub-loans, an aggregate building, (hereinafter “instant sub-loans”) were newly built on the land of Ulsan-gun, Ulsan-gun, the Plaintiff owned.

B. As of August 5, 2015, as of the Plaintiff’s name, between Defendant B and the Plaintiff, a contract was concluded with each of the following terms: (a) KRW 170 million (25 million in contract amount, intermediate payment, KRW 14 million in the remainder; KRW 41 million in the remainder); and (b) KRW 165 million in the instant bank bank bank as of August 30, 2015 (one million in contract amount) between Defendant C and the purchase price of KRW 165 million in the instant bank bank bank as of August 30, 2015 (one million in the intermediate payment, KRW 12 million in the contract amount, May 30, 2015; June 18, 2015; KRW 150 million in the remainder; and KRW 12 million in the payment amount, August 13, 2015).

C. Defendant B wired the Plaintiff’s passbook (Ulsan Happiness Happiness), 17 million won on May 27, 2015, 17, 17, 2015, 140 million won on August 17, 2015, and 150 million won on August 21, 2015.

Defendant C transferred KRW 1,00,000 on January 24, 2015, KRW 13,000,000 on December 14, 2015, and KRW 19,000,000 on August 17, 2015 to the head of the above new cooperation passbook in the Plaintiff’s name.

E. On August 17, 2015, each Plaintiff’s registration of initial ownership was completed with respect to the instant loan F and G, and each Defendants’ registration of ownership transfer was completed on August 17, 2015.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 4, 10 evidence, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff delegated the Plaintiff I with the instant loan construction and sales, and the sales price of the loan was deposited into the Plaintiff’s account designated in the name of the Plaintiff.

Defendant B, who purchased the above lending, did not pay 19 million won out of the above payment, and 56 million won out of the above payment, to the account in the name of each plaintiff.

The Defendants, first, as the owner of the above loan, are the Plaintiff who is the party to the above sales contract, and if I, not the Plaintiff, was the party to the above sales contract, then I subrogated to I as the creditor of I, respectively.

arrow