logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.12.18 2017가단8196 (1)
매매대금반환등
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 89,204,784 and the interest rate thereon from October 30, 2018 to the date of full payment.

Reasons

1. (1) On September 26, 2016, the Plaintiff concluded a motor vehicle sales contract with Defendant C, the husband of Defendant B, to sell the franchise HG motor vehicle (D) in the purchase price of KRW 20 million (the purchaser’s name is Defendant B’s name), and Defendant C did not pay the purchase price even upon the transfer of the said motor vehicle.

Accordingly, on September 30, 2016, the Plaintiff and the Defendants concluded a sales contract with the following purport concerning F apartment Nos. 104, 1802, Dong-gu, Incheon, Dong-gu, Incheon (hereinafter “instant sales contract”).

(1) The purchase price shall be KRW 10 million.

It shall be deemed that 22 million won, including the purchase price and transfer fee, is paid as down payment.

Any balance of 88 million won shall be paid on October 4, 2016.

(2) Since the registration of trust of international asset trust is made on the above real estate, in principle, the registration of transfer of ownership shall be made after the ownership is recovered in the name of the seller by cancelling the trust contract.

(3) In the event of a seller's default, he/she shall reimburse a double of the down payment, and the buyer waives the down payment.

(2) On October 4, 2016, the Plaintiff paid KRW 63,904,784 to Defendant B for the purpose of cancelling the above trust registration.

On October 7, 2016, Defendant B cancelled the trust registration and transferred ownership in its own name.

However, on the same day, Defendant B created a right to collateral security of KRW 115,200,000 to Hyundai Capital Co., Ltd.

(B) On November 2016, two additional mortgages were created. [Grounds for recognition] There is no dispute, entry in Gap evidence Nos. 1 through 5 and 10, and the purport of the whole pleadings.

2. Both claims;

A. Plaintiff (1) is the seller of the instant sales contract, and Defendant C is the husband of Defendant B as the joint and several surety of the said sales contract.

The plaintiff and the defendants shall pay expenses incurred in cancelling the registration of trust in accordance with the above sales contract and register the reversion of the registration of trust.

arrow