(영문) 부산지방법원동부지원 2019.03.06 2017가단207224

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(영문) 부산지방법원동부지원 2019.03.06 2017가단207224

손해배상(기)

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1. The Defendants jointly committed against the Plaintiff KRW 184,882,719 and KRW 86,171,425 as to KRW 86,425, respectively, from June 2, 2017, and KRW 98,711.

Reasons

1. Facts of recognition;

A. The Defendants, as married couple, are the Defendants, and Defendant B owned the land and the 7th story integrated building (hereinafter “instant real estate”) on the land and the 7th story Building (hereinafter “instant real estate”), completed the registration of ownership transfer under the name of the trustee organization on June 30, 2014.

B. On June 17, 2015, the Plaintiff and Defendant B entered into a sales contract with Defendant C, the agent of Defendant B, with respect to the instant real estate for which the trust registration was completed (hereinafter “instant first sales contract”). The main contents of the said sales contract are as follows.

Article 1 (Purpose) In regard to the sale of the above real estate, the seller and the buyer shall pay the purchase price by agreement as follows:

The purchase price of KRW 2.6 billion shall be paid and received at the time of the contract. Of the above, the amount of KRW 100 million shall be paid on July 15, 2015, and the remaining amount of KRW 2.47 billion shall be paid on the date of the completion of the contract by the lessee.

Article 2 (Transfer, etc. of Ownership) The seller shall deliver all the documents necessary for the registration of transfer of ownership to the buyer and cooperate with the registration procedure, and the delivery date of the said real estate shall be the date when the lessee is completed the contract.

Article 3 (Extinguishment of Restricted Real Rights, etc.) If a cause exists to restrict the exercise of ownership, such as mortgage, superficies, right of lease, etc. established on the above real estate, or if there is any unpaid amount of taxes and other charges, the seller shall remove the defects, burdens, etc. of such rights and transfer full ownership to the buyer by the

except in cases of rights and amounts agreed to succeed.

(A) The principal sale contract for the special agreement shall be comprehensively transferred or taken over.

(General transfer or acquisition under the Value-Added Tax Act) The office fixtures shall be deemed to be all included in the purchase price.

This contract is the same as a stuff.

유사 판례

-서울중앙지방법원 2018.11.29 2018가합531644

-대구지방법원경주지원 2016.06.24 2015가합2843

-대구지방법원 경주지원 2018.01.18 2017가합2502

-대구고등법원 2017.01.11 2016나23695

-전주지방법원 2017.06.02 2015가합5131