(영문) 울산지방법원 2015.09.23 2014나7841 | 리걸엔진

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(영문) 울산지방법원 2015.09.23 2014나7841

계약해제확인

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 following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in the entries in Gap evidence Nos. 1 to 4-2, 7, 11, and 12.

On September 20, 2012, the Defendant concluded a sales contract with the Plaintiff for the amount of KRW 130,000,000 for the real estate indicated in the separate sheet (hereinafter “instant real estate”) owned by the Plaintiff (hereinafter “instant contract”), and paid KRW 20,000 for the remainder of KRW 110,000 for the contract date and the remainder of KRW 110,000 for the contract date, until December 17, 2012, respectively, and paid KRW 20,000 for the Plaintiff for the transfer income tax to be imposed separately on the Plaintiff within the extent of KRW 15,00,00 for the transfer income tax to be imposed on the Plaintiff.

B. After that, the Defendant did not pay any balance to the Plaintiff by December 17, 2012, which is the remaining payment date, and the Plaintiff notified the Defendant of the payment of the balance to the Defendant on January 3, 2013, but the Defendant did not pay any balance until that time, as the Defendant did not pay any balance to the Defendant on January 29, 2013.

2. 4. Until April, the notice was given that the instant contract will be rescinded.

C. After doing so, the Plaintiff and the Defendant agreed to pay 110,000,000 won in total and 125,000,000 won in capital gains tax and 15,000,000 won in December 30, 2013.

On June 3, 2014, the Plaintiff prepared documents necessary for the registration of ownership transfer of the instant real estate, such as a certificate of personal seal impression for real estate sale, and notified the Defendant of the payment of the remainder and capital gains tax to the Defendant by June 11, 2014 on the same day and the receipt of the said documents at the same time, and provided that the instant contract would be rescinded if the said documents

E. The Defendant did not pay the remainder and capital gains tax to the Plaintiff by June 11, 2014.

2. The parties' assertion and judgment

A. The plaintiff asserted that the real estate of this case is the defendant.

유사 판례

-울산지방법원 2014.10.15 2014가단16

-대법원 1994. 9. 9. 선고 94다8600 판결

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-서울중앙지방법원 2017.05.17 2016가단119500

-인천지방법원 2015.05.12 2013가합35845