(영문) 의정부지방법원 2016.09.20 2015가단123986

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2016.09.20 2015가단123986

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 27, 201, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 130 million (in the event of a contract, intermediate payment of KRW 13 million shall be paid in KRW 20 million on May 31, 201, and the balance of KRW 97 million shall be paid in September 10, 201) on the instant sales contract, wherein the Plaintiff entered into a sales contract with the Government with the Defendant to purchase KRW 101 Dong 1005 (hereinafter “instant apartment”) and KRW 130 million (hereinafter “instant apartment”). The following provisions were added to the sales contract in the instant case.

- The seller will succeed to the status of the member of the D Rebuilding Improvement Project Housing Association (hereinafter referred to as the “Association of this case”) at the same time as the remainder.

- Since the share of a site is in a legal action, it will be settled to the members as the lawsuit ends.

- The present apartment is used after being informed of the approval for use (use inspection), so the buyer is entitled to obtain the approval for use as a member qualification.

- The seller is liable for all legal costs before the remainder.

- On the day when the present lessee shows, the buyer shall settle the balance and be succeeded to by the members.

B. The Plaintiff paid KRW 130 million to the Defendant in accordance with the instant sales contract.

C. Around 2015, the Plaintiff was notified by the instant partnership to pay KRW 44,260,000 as a result of the completion of construction.

[Ground of recognition] Facts without dispute, Gap evidence 3, 4, Eul evidence 1, the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion was that at the time of the instant purchase and sale contract, the Defendant paid all the contributions to the instant apartment to the Plaintiff, and that the amount to be paid for the subsequent completion cost or additional contributions does not exceed five million won. The Plaintiff agreed between the Plaintiff and the Plaintiff that the amount exceeding five million won should be borne by the Plaintiff, among additional contributions.

Therefore, the Defendant’s additional contributions from KRW 44,260,00 to the Plaintiff amounting to KRW 5 million.

유사 판례

-의정부지방법원 2017.05.12 2016나59168

-창원지방법원 2016.06.08 2015가합32585

-의정부지방법원고양지원 2017.10.27 2017가합73139

-인천지방법원 2017.09.21 2016가합3498

-서울남부지방법원 2019.06.21 2019가합100470