(영문) 서울남부지방법원 2018.11.02 2017가합109886

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(영문) 서울남부지방법원 2018.11.02 2017가합109886

기타(금전)

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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. On August 20, 2014, Geumcheon-gu Seoul Metropolitan Government (hereinafter “each of the instant real estate”) completed the registration of ownership transfer on the ground of trust in the future of the E Co., Ltd. (hereinafter “instant trust registration”) on August 20, 2014.

B. On February 4, 2017, the Plaintiff concluded a sales contract with the Defendants on the following terms: (a) the Plaintiff sold each of the instant real estate in KRW 3.4 billion to the Defendants; (b) the remainder KRW 129 million on the contract date; and (c) the Defendants paid each of the remainder on May 31, 2017 to the Plaintiff’s F Association (hereinafter “F Association”); and (b) the Defendants agreed to succeed to the Plaintiff’s obligation to pay a loan amount of KRW 1.56 million to the Plaintiff’s F Association (hereinafter “F Association”); and (c) the obligation to return the lease deposit amount of KRW 1.65 million (hereinafter “instant sales contract”).

The contents of the instant sales contract are as follows.

The purchase price: 3.4 billion won: The loan shall be paid and received at the time of the contract: 1.586 billion won shall be succeeded to by the buyer at present. The current security deposit shall be succeeded to by the buyer at present: 1.655 billion won shall be succeeded to by the buyer at present: 1.629 billion won shall be paid on May 31, 2017.

[Matters of Special Agreement]

3. The current rental deposit may be changed according to the current status of the lease until the balance; and

4. As of the date of the contract, the maximum debt amount per 2,184,00,000 won ( principal1,820,000,000) has been set as per the E-registration as of the date of the contract, and the seller, after the contract, terminates the registration of the trust after repaying the principal amount of KRW 234,00,000.

7. The contractual relationship with the existing tenants shall be succeeded by the purchaser after settling the balance;

8. If it is impossible to succeed to a loan, the seller and the purchaser shall settle the loan in consultation and cooperation.

12. In the event of a default on the terms of this contract due to the change of the buyer and the seller, the buyer shall compensate the seller for the total sum of the down payment (340 million won) and the buyer shall compensate the seller for the total sum of the down payment, and the buyer shall within one month from the date of cancellation of the contract.

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