(영문) 인천지방법원 2015.01.29 2014나2006 | 리걸엔진

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) 인천지방법원 2015.01.29 2014나2006

손해배상(기)

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The parties' assertion

A. On April 4, 2012, the Plaintiff asserted that: (a) purchased the sales right of KRW 302,000,000 from the Defendant for KRW 310,000,00 (hereinafter “instant sales contract”); (b) paid the Defendant a down payment of KRW 10,000,000; and (c) the Defendant, at the same time as the remainder payment, made a transfer of ownership transfer; (d) the Defendant delayed the performance of his/her obligation; (b) the instant sales contract was revoked; (c) the Plaintiff, as the restoration of the original status, is a down payment of KRW 10,00,000, KRW 1000,000; and (d) the payment of penalty of KRW 20,000,000; and (e) damages for delay.

B. The Defendant’s assertion is the party E of the instant sales contract, and the Defendant is merely the broker of the instant sales contract. Even if the Defendant is a party to the instant sales contract, the Plaintiff voluntarily renounced his/her right based on the instant sales contract as the Plaintiff did not have the ability to perform his/her obligation to pay the remainder, and KRW 10,000,000, the down payment that the Plaintiff paid, was agreed

2. Determination

A. The key issue of the instant case is, as a result, whether the seller of the instant sales contract is the seller, and whether the Plaintiff’s declaration of intent to cancel the instant sales contract is legitimate.

B. 1) On February 18, 2008, F entered into a sales contract with the Korea Asset Trust Co., Ltd. to provide the instant commercial building in KRW 499,00,000. 2) On March 6, 2012, E, the operator of the instant commercial building, purchased the sales right of the instant commercial building in KRW 49,00,000 from F, and on the same day, sold the said sales right to the Defendant for KRW 199,60,000,000, and was to receive KRW 8,00,00,000 from the Defendant to August 16, 2012.

3. On April 4, 2012, the Plaintiff purchased the sales right of the instant commercial building in KRW 499,000,000, but the down payment is KRW 10,000.

유사 판례

-춘천지방법원 원주지원 2018.04.17 2017가단34300

-창원지방법원 2017.03.14 2016가단17470

-서울남부지방법원 2016.01.22 2015가합102430

-창원지방법원 2016.01.21 2015나5471

-창원지방법원 2015.06.12 2014가단8939