(영문) 수원지방법원 2014.10.24 2014가합1877

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(영문) 수원지방법원 2014.10.24 2014가합1877

공사대금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant, on behalf of co-owners, entered into a sales contract with E and the instant land (hereinafter “instant sales contract”) on behalf of the co-owners, on July 201, when the Defendant shared D forest land No. 7,244 square meters (hereinafter “instant land”).

2.The purchase price of land shall be KRW 1,100,000,000, and the down payment shall be converted into a financial loan and 1,000,000,000 (including prior loans and individual establishment) shall be paid.

3. The remainder of the land shall be paid 100,000,000 won with the transfer of registration of the land after completing the construction on the ground of the instant land.

(The construction period shall be on the basis of five months from the date of the contract and on the basis of a rapid schedule). 4. The defendant and two other persons transfer the registration of land to a third party requested by E.

5. E shall be responsible for the authorization and permission of the land in this case and construction works, and shall be responsible for all the affairs related to the loan.

7. If it is impossible to complete construction and completion within the date of a trade agreement, E shall waive the construction and shall not complete all the acts of attracting.

8. All expenses for authorization and permission shall be borne by the purchaser.

B. On July 19, 201 pursuant to the instant sales contract, E obtained a loan of KRW 1,00,000,000 from the Military Agricultural Cooperative of the Republic of Korea as collateral, and repaid KRW 700,000,000 for loans under the name of the Defendant, B and C, and as the debtor, paid the Defendant the remainder of KRW 300,00,000,000 for the establishment registration on the instant land in the future of the Industrial Bank of Korea.

C. On July 14, 201, E issued a promissory note with a face value of KRW 100,000,000, and the due date of payment on December 31, 201 in order to secure the payment of the balance to the Defendant, and on the same day, the Defendant is unable to pay the balance of the purchase price for the instant land within the due date, the act of attracting Class 1 neighborhood living facilities on the instant land.

유사 판례

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