(영문) 부산지방법원 2020.09.23 2019가합49546

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(영문) 부산지방법원 2020.09.23 2019가합49546

매매대금반환

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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On August 30, 2018, the Plaintiff entered into a sales contract with the Defendant to purchase the Defendant’s co-ownership of 72360/1460 of the Plaintiff’s co-ownership of 162m2 (hereinafter “the instant land”) and 28.93m2 of the Plaintiff’s co-ownership of 14620m2 (hereinafter “the instant land”) and the Plaintiff’s co-ownership of 28.93m2 of the instant land (hereinafter “the instant housing” and the said land’s co-ownership shares and housing collectively referred to as “the instant real estate”).

(hereinafter referred to as "the sales contract of this case"). B.

The Plaintiff paid the purchase price and the ownership transfer amount of KRW 30 million to the Defendant on August 30, 2018, and KRW 30 million on September 7, 2018, the intermediate payment of KRW 30 million on September 7, 2018, and KRW 180 million on September 28, 2018, thereby paying all the above purchase price to the Defendant.

Accordingly, on October 1, 2018, each registration of ownership transfer for the instant real estate was completed on the ground of the instant sales contract in the future of the Plaintiff.

C. Of the instant sales contract, the Plaintiff and the Defendant agreed that the special terms and conditions of the instant sales contract are stipulated under the special terms and conditions, “The Defendant shall withdraw the payment of taxes and public charges, and provisional dispositions, which are delinquent in the instant real estate until the remainder, and shall be responsible for garbage and waste in the instant building and the period during which the lessee is responsible for the disposal of the present

(hereinafter referred to as "the instant special agreement") D.

The highest Plaintiff, on September 3, 2019, notified the Defendant to cancel the registration of provisional disposition prohibiting disposal of D-ownership shares among the instant land until September 16, 2019, and to dispose of garbage and waste in the housing.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-6 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion

A. The defendant is about D's share among the land of this case agreed in the special agreement of this case.

유사 판례

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-서울서부지방법원 2014.01.17 2012가합12658

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