logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.11.04 2019가합536615
계약무효확인
Text

1. A sales contract concluded between the Defendant and the Defendant B on January 20, 2015 with respect to 26 square meters in Echeon-si, which was concluded between the Defendant and the Defendant.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the 2nd floor building in E, E, C, and F, Gyeonggi-do (hereinafter “Plaintiff building”) and the Defendant B is the owner of the 2nd floor building in E, C, F, and G, located adjacent to the above building (hereinafter “Defendant B”).

B. The occupied area of the Plaintiff’s building and Defendant B’s building that occupied part of each part is 18 square meters, and the occupied area of Defendant B’s building is 8 square meters. The land located in C large 26 square meters (hereinafter “instant land”) is owned by the former Defendant Republic of Korea, and the Plaintiff and Defendant B occupied the said land without title.

C. On November 15, 2010, the Korea Asset Management Corporation notified the Plaintiff and Defendant B of the imposition of indemnity on the ground that the instant land is occupied and used without a loan contract.

On February 6, 2015, the Korea Asset Management Corporation notified the Plaintiff of the imposition of indemnity for the same reason and provided the Plaintiff with a loan application as the shipment. Accordingly, on April 20, 2015, the Plaintiff applied for a loan agreement with the Plaintiff and Defendant Republic of Korea after paying indemnity, and concluded a loan agreement (hereinafter “the instant loan agreement”) with the loan term of KRW 80,130 (including value-added tax) with respect to the size of 18 square meters, which is the area occupied by the Plaintiff’s building among the instant land, from February 26, 2015 to February 25, 2020.

E. On November 20, 2015, Defendant Korea entered into a contract with Defendant B to sell the entire land of this case (including the size of the land leased to the Plaintiff) for KRW 35,360,000 (hereinafter “instant sales contract”) by means of a negotiated contract, not a competitive bidding. On January 13, 2016, Defendant B completed the registration of ownership transfer on the instant land.

F. Defendant Republic of Korea: (a) on November 24, 2015, concluded the instant loan agreement with the Plaintiff on the ground that the instant contract was scheduled to sell and purchase the instant land.

arrow