(영문) 전주지방법원 2016.11.23 2015가단900 (1)

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(영문) 전주지방법원 2016.11.23 2015가단900 (1)

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant was the owner of each real estate listed in the attached list (hereinafter collectively referred to as the “instant real estate”). C’s mother is the owner of 275 square meters in Jeon-gun E-gun, Jeonbuk-gun (hereinafter referred to as the “instant land”); C newly built a house on the ground above the above E (hereinafter referred to as the “instant building”).

B. On April 2, 2013, F, representing the Plaintiff, purchased the instant real estate from the Defendant for KRW 400 million (hereinafter “instant sales contract”).

(2) On April 3, 2013, upon entering into the instant sales contract, F entered the purchaser into a real estate sales contract (Evidence A No. 1; hereinafter “instant sales contract”) with “one other than a marine house, etc. for a limited liability company” and the instant sales contract contains the following:

(1) The down payment of KRW 20 million shall be paid at the time of a contract, the intermediate payment of KRW 58 million shall be paid on June 3, 2013, and the balance of KRW 12 million shall be paid on June 21, 2013.

(2) A loan of KRW 200,000,000 shall be succeeded to by a new owner of credit union.

3) The instant sales contract provides for the following matters as the “matters of special agreement”. ① The seller, prior to the payment of intermediate payment, cancels the creation of collateral security, provisional seizure, etc. and cancels the registration thereof (Article 1) (excluding KRW 220,000,000,000). ② Taxes, public charges, and other charges, and these funds shall be settled at the settlement rate based on the balance of the payment (Article 2). ③ The remaining construction of the instant multi-family house is completed until the remainder payment is made (Article 3) (c). (1) At the time of the conclusion of the instant sales contract, the instant real estate was registered as provisional seizure and the establishment of a neighboring mortgage as indicated in the following table.

The purpose of registration of the priority order number of the relevant real estate is the right holder.

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