logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원강릉지원 2016.11.02 2015가단5909
소유권말소등기
Text

1. The plaintiff's lawsuit against the main company of the defendant International Asset Trust shall be dismissed.

2. The plaintiff's defendant B.

Reasons

1. Basic facts

A. On November 23, 2007, C concluded a sales contract with Defendant B Co., Ltd. (hereinafter “Defendant B”) for the purchase of buildings listed in the separate sheet (hereinafter “instant building”) at KRW 145,00,000 (hereinafter “instant sales contract”).

B. On October 22, 2008, the Plaintiff purchased the sales right on the real estate listed in the separate sheet from C with the approval of Defendant B.

C. On September 30, 2014, Defendant B entrusted the instant real estate to Defendant International Asset Trust Co., Ltd. (hereinafter “Defendant International Asset Trust”) and completed the registration of transfer of ownership as the receipt of 32621 on September 30, 2014.

[Reasons for Recognition: Facts without dispute, entry of Gap evidence 1 to Gap evidence 3, purport of the whole pleadings]

2. Judgment on the issue

A. The Plaintiff’s assertion 1) Defendant B is obligated to implement and deliver the registration procedure for transfer of ownership of the instant building to the Plaintiff who purchased the sales right pursuant to the instant sales contract.

In addition, Defendant B agreed to allow the Plaintiff to move into the instant building until October 22, 2008, and the Plaintiff notified Defendant B of the performance on April 25, 2012, and thus, the Plaintiff is obligated to pay KRW 44,829,166 as compensation for damages arising from delay from April 26, 2012.

The remainder of the sale price against the plaintiff in the above bonds shall be offset against the claim of the plaintiff in the above bonds.

The Plaintiff is obligated to pay the remaining damages of KRW 1,329,166 and the damages for delay of KRW 101,50,000 for the sale price already paid after offsetting.

With respect to the building of this case, the supplementary registration under Article 40 (3) of the Housing Act was completed.

The registration of transfer of ownership in the name of the defendant international asset trust shall be cancelled because it is a registration of invalidation made after the above additional registration.

The plaintiff is the defendant Eul in subrogation for the preservation of the right to claim ownership transfer registration against the defendant Eul.

arrow