(영문) 대전지방법원 2020.04.23 2019가단123158

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(영문) 대전지방법원 2020.04.23 2019가단123158

매매대금반환

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 28, 2014, the Plaintiff agreed to pay the remainder KRW 1120 million on May 15, 2014 and the remainder KRW 1120 million on July 30, 2014 when the Plaintiff purchased the instant real estate from the Defendant at KRW 1.25 million (hereinafter “instant real estate sales contract”), the down payment of KRW 50 million, the intermediate payment of KRW 180 million, and the remainder payment of KRW 1.12 million, which is paid on July 30, 2014.

Article 1(1) of the instant sales contract provides that “The buyer shall take over the seller’s land, building, real estate, and other collection of articles according to the current status as of the date of conclusion of the instant sales contract.”

B. Meanwhile, the Plaintiff and the Defendant, on the other hand, drafted a sales contract for fluids as of March 28, 2014, to pay 14, bedclothess 14, furnitures 14, and all other facilities (cat and ancillary facilities) within the instant real estate as the sales price of KRW 120 million, and the remainder KRW 80 million as of March 28, 2014, and the remainder KRW 40 million as of July 30, 2014, to be paid as of July 30, 2014.

C. On May 2014, the Plaintiff started the unmanned telecoming business by acquiring possession of the instant real estate from the Defendant, and completed the registration of ownership transfer on September 5, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion: (a) around June 2014, when the Plaintiff was running an unmanned telecoming business upon delivery of the instant real estate, the Plaintiff was forced by the Defendant F, etc.; (b) however, even though the content of the special agreement on the instant real estate sales contract includes the acquisition of the relics, the Plaintiff also acquired the ownership of the relics located in the instant real estate in accordance with the instant real estate sales contract.

Therefore, even if a contract for the sale of remains was prepared, the plaintiff is entitled to do so.

유사 판례

-대구지방법원서부지원 2019.01.17 2018가합50578

-제주지방법원 2017.09.28 2016가합1454

-제주지방법원 2018.06.26 2018가단51043

-제주지방법원 2019.07.10 2018나12469

-대구지방법원서부지원 2016.10.13 2015가단16907