(영문) 수원지방법원 2018.01.31 2017나9524 | 리걸엔진

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(영문) 수원지방법원 2018.01.31 2017나9524

계약금반환

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1. The part against Defendant C in the judgment of the first instance is revoked, and the Plaintiff’s claim against Defendant C is dismissed.

2...

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the E building 154 and 155 (hereinafter “instant 1 real estate”) in Pakistan-si, and the Defendant C is the owner of the FY-si, Gwangju-si 59 square meters, G 981 square meters, and 2 Dong-dong (hereinafter “instant 2 real estate”).

B. On November 25, 2015, Defendant C sold the instant 2 real estate to D with the purchase price of KRW 470 million, and at the time, Defendant C accepted the obligation of collateral security loans to the subordinate Korean Credit Union established on the said real estate, and decided to substitute payment for the said purchase price.

However, D did not complete the registration of ownership transfer in its name even after acquiring the above loan obligation on December 16, 2015.

C. Meanwhile, on May 10, 2016, Defendant B, the husband of this case, was the agent of Defendant C, the owner of the instant 2 real estate, and entered into the instant contract with H on behalf of the Plaintiff, the owner of the instant 1 real estate, to exchange the instant 1 real estate with the instant 2 real estate. The main contents of the said contract are as follows.

A: Defendant B

1. A shall pay the exchange difference of KRW 60 million to B, on condition that the intermediate payment of KRW 10 million shall be deposited in the account of a national bank in D on the date of the contract, and the remainder of KRW 50 million shall be paid on May 17, 2016.

2. B shall not reimburse the obligations of loans of KRW 430 million, which are owed to the subordinate Korean Credit Union as security, against the second real estate, and shall have Gap succeed to it as it is.

3. Eul shall succeed to the obligations of loans of KRW 48 million, which are borne by the fisheries cooperatives having secured the first real estate as security, under its responsibility, and treat the obligations of loans of KRW 48 million, and simultaneously, at the same time.

(c) A shall pay the balance to B in the presence of a certified judicial scrivener after he/she succeeds to the above loan obligation of B and confirms that the documents for registration of ownership transfer have been received at the registry;

5. A waives down payment and B.

유사 판례

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