logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2018.07.05 2017가합1209
소유권이전등기
Text

1. The Defendant’s KRW 31,00,000 and the Plaintiff’s annual rate of KRW 5% from January 25, 2018 to July 5, 2018.

Reasons

1. Basic facts

A. On November 10, 2016, the Plaintiff entered into a sales contract with the Defendant’s agent for the purchase price of each of the instant real estate at KRW 1,132,800,000 (the contract amount to KRW 50,000,000, the intermediate payment to KRW 100,000). As to each of the instant real estate, the Plaintiff entered into a sales contract with the Defendant and the mortgagee as to each of the instant real estate (hereinafter “instant sales contract”) with the effect that the Plaintiff takes over the obligations of collateral security loans against the Defendant and the mortgagee as an agricultural cooperative in reflect month, and pay only the remainder of the purchase and sale payment excluding the amount equivalent

B. According to the instant sales contract, the Plaintiff paid the Defendant KRW 50,000,000 for the down payment on November 10, 2016, and KRW 100,000 for the intermediate payment on November 29, 2016. From December 23, 2016 to April 12, 2017, the Plaintiff paid KRW 181,000,000 in total as the sales proceeds of each real estate of this case by paying KRW 331,00,000 for several remaining occasions.

C. According to the instant sales contract, the remainder of the debt amount with collateral security loans, in the name of the agricultural cooperative in the semi-month, the Plaintiff agreed to succeed to the following: (i) totaling KRW 817,164,887 as of November 20, 2017 (= Principal KRW 815,00,000; KRW 2,164,887).

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 3 (including each number; hereinafter the same shall apply) and the result of the order to submit financial transaction information to half-month agricultural cooperatives by this court, the purport of the whole pleadings.

2. Judgment as to the main claim

A. According to the above facts, the Plaintiff paid the purchase price pursuant to the instant sales contract to the Defendant, barring any special circumstance, the Defendant is obligated to implement each of the procedures for the registration of ownership transfer based on the instant sales contract with respect to each of the instant real estate to the Plaintiff, barring any special circumstance. 2) Accordingly, the Defendant established each of the instant real estate in accordance with a separate transaction relationship between the Plaintiff and the Defendant before entering into the instant sales contract.

arrow