(영문) 서울중앙지방법원 2015.01.15 2014가단92090

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) 서울중앙지방법원 2015.01.15 2014가단92090

소유권이전등기

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 April 4, 2011, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with the Defendant to purchase real estate indicated in the attached Table (hereinafter “instant real estate”) and B forest No. 9,315 square meters (hereinafter “B forest”) and C forest land No. 12,721 square meters (hereinafter “C forest”).

- The principal contents of a sales contract - The defendant, the buyer, and the buyer: the plaintiff - the total purchase amount: 90 million won: the down payment: 30 million won (date of payment, April 4, 201). - The intermediate payment: KRW 758 million loans from the bank and KRW 70 million creation amount of collateral security; the bank will substitute each month for the buyer from May 201 to the date of change of land name.

- Any balance: 42 million won shall be paid immediately when the name of the land is changed due to the completion of construction (the completion) on the land for sale and purchase.

- Co-owners D shares related to B forest land and C forest land: In relation to the supply contract for the E-owned housing site prepared on August 31, 2010 by the co-owner D and the E-owned owner D, the seller automatically transfers the D shares to the buyer when the D shares are recovered to the seller due to the cancellation of the land sales contract in accordance with the terms of the co-owner D's non-performance of the contract for the supply of the E-owned housing site prepared on August 31, 2010, and

(Provided, that all expenses incurred by the buyer in restoring D’s co-ownership to the seller shall be borne wholly by the buyer. - The buyer’s obligation to pay interest on bank obligations incurred by the time of change in the name of the sale and purchase land shall be borne by the buyer. The damages incurred by the delay in the payment of interest shall be wholly

B. On April 4, 201, the date of the instant contract, the Plaintiff paid to the Defendant the down payment of KRW 30 million, which is the date of the instant contract, but did not take over the bank loans and the collateral security loans, and the interest on the bank obligations was KRW 5 million on June 16, 201, KRW 500,000 on June 21, 201, KRW 500,000 on June 21, 201, and July 15, 2011.

유사 판례

-부산지방법원 2018.04.24 2016가단355458

-수원지방법원성남지원 2015.01.09 2014가합6752

-대구지방법원 2016.07.07 2015나309085

-인천지방법원 2019.04.05 2017가합54578

-서울중앙지방법원 2021.04.01 2019가합590756