logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.10.12 2015나2068278
매매대금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. (1) On June 29, 2004, the Defendant acquired ownership of the real estate owned by the Defendant and its legal relationship (hereinafter “land before partition”).

The registration of the establishment of a neighboring mortgage was completed with respect to the land before Doll Division as listed below:

On June 29, 2004, the maximum debt amount of the debtor as of the date of establishment of the No. 520,000 debtor-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed on October 26, 2006, Defendant Nancheon Agricultural Cooperative 494,000,000, and Defendant Nancheon Agricultural Cooperative 156,000,000,000 on November 9, 2006, Defendant Nancheon Mutual Savings Bank 520,000,000 on February 7, 2007, Defendant G 780,000,000,000 on June 18, 2007, Defendant H520,000,0000 on June 18, 2007

B. On March 8, 2006, the Plaintiff entered into a sales contract between the Plaintiff and the Defendant with the content that the Plaintiff would purchase 100 square meters of the land before subdivision from the Defendant for KRW 600 million (hereinafter “instant sales contract”). The said payment schedule was agreed as follows.

Down payment of KRW 60,000: (a) The first intermediate payment of KRW 100,000: (b) the second intermediate payment of KRW 190,000,000 on April 3, 2006 at the time of the contract: (c) the remainder of KRW 250,000 on May 16, 2006: (d) where the Defendant acquired a right to remove and dismantle an unauthorized building around the land before subdivision and becomes entitled to a construction permit under the name of the Defendant; (b) the date of completion of the construction permit (determined to March 2, 2007) where the Plaintiff paid the Defendant the down payment, first intermediate payment, and second intermediate payment, and the amount that the Plaintiff paid to the Defendant was the sum of KRW 350,00,000 (=60,000,000,000).

C. From the land before subdivision to which the Defendant had obtained a construction permit under the instant sales contract and failed to perform the obligation to transfer ownership of 100 square meters among the land before subdivision, the same is as indicated below Nos. 2 through 6 on October 12, 2012.

arrow