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(영문) 서울중앙지방법원 2017.08.18 2016가합36503
매매대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Defendant’s judgment on the Defendant’s principal safety defense is unlawful in the instant lawsuit, for which the Plaintiff, who is not a party to a sales contract, seeks to issue and issue a receipt for the purchase price, against the Defendant.

On the other hand, in a lawsuit for performance, the standing to be a party exists on the person who asserts that he/she has the right to demand performance, which is a subject matter of lawsuit, and whether or not there exists the right to demand performance, is matters to be proved by the deliberation of the merits (see Supreme Court Decision 2003Da44387, Oct. 7, 2005). Article 474 of the Civil Act provides that the person who performs performance may claim a receipt from the person who is satisfied. Thus, inasmuch as the plaintiff claims that he/she has the right to demand the issuance of a receipt and the right to demand the delivery by asserting that he/she is the person who performs the obligation and the defendant are the person who has received the repayment, the standing to be a party to claim the issuance and the right to demand the delivery

2. The Plaintiff asserts that the Defendant is obligated to issue and issue a receipt for the purchase price to the Plaintiff, as the Plaintiff purchased the Plaintiff’s mother, under the name of the Plaintiff’s mother, a certified judicial scrivener in charge of the registration of ownership transfer, the purchase price was paid, and that the Defendant is obligated to issue and issue a receipt for the purchase price.

According to the statements in evidence Nos. 1 through 3, No. 1, 3, and 4, the Plaintiff purchased the instant real estate from C in the name of her mother, around February 3, 2010 and paid the purchase price to 314,000,000 won (hereinafter “instant sales contract”), and accordingly, it can be recognized that the registration of ownership transfer was completed in the future as of February 4, 2010 by the Chuncheon District Court, the Dong-gu District Court, the Dong-gu District Court, the Chuncheon District Court, the 1393, the receipt of the instant real estate.

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