logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.05.03 2017가단39267
매매대금
Text

1. The Defendant’s KRW 34,00,000 and the Plaintiff’s annual rate of KRW 5% from February 6, 2010 to June 26, 2017.

Reasons

1. In full view of Gap evidence Nos. 1 through 7 of the judgment as to the cause of the claim, Eul's witness Eul's testimony, the fact-finding inquiry report to the Korea Land and Housing Corporation of this court, and the purport of the whole pleadings on February 5, 2010, the above office employees (the plaintiff is deemed to have died as E; hereinafter referred to as "the above deceased") delegated by the plaintiff at D real estate brokerage office located in Chungcheongnam-si and Eul as of February 5, 2010 and Eul delegated by the defendant, signed a contract to transfer the right to sell the land for countermeasures against the FF district in Gyeonggi-nam-si, Gyeonggi-do (hereinafter referred to as "the contract of this case") to the plaintiff at KRW 34 million from the above deceased, and the defendant received KRW 34 million from the above deceased on the same day, but it is evident that the defendant did not have been selected as a qualified person to supply the above land for countermeasures, and it is evident that the defendant's testimony of the above witness was not trusted, and that the sale right was cancelled or cancelled.

According to the above facts, since it is apparent that there is no right to sell the land for livelihood countermeasures to be transferred to the defendant, the execution of the contract of this case is impossible, and the cancellation is lawful for this reason.

Therefore, the Defendant, as the duty to restore the above cancellation, is obligated to pay the Plaintiff the above 34 million won and the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from February 6, 2010 to June 26, 2017, which is the delivery date of a copy of the complaint of this case, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, from the next day to the day of full payment.

2. Conclusion

arrow