(영문) 대전지방법원 2018.10.19 2018나1726 | 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) 대전지방법원 2018.10.19 2018나1726

매매대금

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 reasoning of the court of first instance’s explanation concerning the instant case is as follows. This court’s explanation is identical to the reasoning of the first instance judgment, except for adding the judgment identical to that stated in paragraph (2) to the Defendant’s assertion added by this court. Thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

On March 22, 2012, the text of the judgment of the first instance, No. 2, 13, “C. 22, 2012,” “I,” “X,” and “J and J,” “Y,” respectively, shall be applied to “Y,” “I,” “I,” “I,” “I,” “I,” “I,” “X,” and “I,” respectively.

Part 3 of the judgment of the first instance, part 11 of the judgment is "R" as "F," and the "Seoul District Court" as "Seoul Central District Court."

The building in question Nos. 3 through 7 of the first instance judgment shall be built by cutting "the building in this case" into "the commercial building in this case."

2. On April 18, 2012, the date of the conclusion of the instant contract, the Plaintiff, the Defendant agreed to set up a collateral security right at KRW 110,00,00,00, deducting the purchase price of the instant commercial building from KRW 17,00,00,00, such as cleaning cost and feed cost, from KRW 3,000,00, which was paid by the Plaintiff and the Defendant around April 18, 2012. ② The Plaintiff and the Defendant assessed the market price of the instant land at KRW 60,00,000, and agreed to sell the instant land and pay the price thereof to the Plaintiff. Accordingly, the Plaintiff’s portion of the purchase price of the instant commercial building deducted from the auction procedure for the instant land is an amount equivalent to KRW 52,00,00,00, the appraised value of the instant land, namely, KRW 64,480,00,00, which is the appraised value.

The evidence submitted by the Defendant alone is that the Plaintiff and the Defendant agreed to additionally pay KRW 110,000,000, not the sales price of the instant commercial building, but the sales price of KRW 130,000.

(2) The Plaintiff shall be paid the amount equivalent to the market price of the instant commercial building as the sales price.

참조조문

-민사소송법 제420조

유사 판례

-대구고등법원 2019.09.19 2019나21270

-의정부지방법원 2020.01.16 2019나205672

-서울고등법원 2015.02.05 2014나17192

-의정부지방법원 2019.12.19 2018나214969