(영문) 대구지방법원 2015.07.09 2014나9500 | 리걸엔진

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(영문) 대구지방법원 2015.07.09 2014나9500

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1. The judgment of the first instance court, including the Plaintiff’s claim expanded at the trial room, shall be modified as follows:

The defendant.

Reasons

1. Facts of recognition;

A. On July 4, 2013, the Plaintiff entered into a sales contract to purchase KRW 213,560,000 (hereinafter “instant sales contract”) from the Defendant and the Defendant for the purchase of KRW 1858 square meters (hereinafter “instant land”) prior to the Gu-Si, Si, Gu-si, Si (hereinafter “U.S.”), and paid KRW 20,000 on the date of the contract, and the intermediate payment of KRW 100,000 on July 12, 2013, the Plaintiff entered into a sales contract to pay KRW 93,560,000 for each remainder of KRW 93,560,00 on December 31, 2013 and stipulated the following special terms.

1) Two funerals for a special agreement are to be transferred by a seller (Defendant). 2) A building shall be located in the name of a seller (Defendant), and a buyer (Plaintiff) shall pay construction costs, etc.

3) Any balance remaining remaining after the intermediate payment shall be paid after mutual consultation. 4) The payment of land shall be made with loans from financial institutions.

The intermediate payment shall be substituted by the bank loans, and the bank shall bear the purchasing party.

B. On July 3, 2013, the day before the conclusion of the instant sales contract, the Defendant drafted a letter of undertaking as follows.

The seller (Defendant) shall transfer C to the buyer (Plaintiff) by concluding a sales contract.

(Provided, That the transfer shall be within six months after the trade contract) and one building shall be constructed in the name of the seller (Defendant) and the purchaser (Plaintiff), respectively.

(Provided, That the new building in the name of the defendant is transferred to the plaintiff at the same time as the transfer of the land), in any case, the seller (the defendant) may not demand the buyer (the plaintiff) to pay money, and shall comply with the buyer's transfer procedure.

C. On July 10, 2013, the Defendant offered the instant land as security and received a loan of KRW 130,000,000 from the Saemaul Savings Depository in lieu of the payment of intermediate payments. Since then, the Plaintiff paid KRW 2,00,000 to the Defendant each three months ( September 26, 2013; December 31, 2013; March 31, 2014; June 30, 2014; September 30, 2014).

[Judgment of the court below]

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