logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.05.19 2015나15113
매매대금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 17, 2009, the Plaintiff completed each registration for the transfer of ownership on the grounds of the sale on November 3, 2009, with respect to the Nam-gu Da-gu 276 square meters and D 55 square meters (hereinafter “instant land”).

B. On August 16, 201, the Plaintiff concluded a sales contract with the Defendant to sell the instant land in KRW 13,000,000 (hereinafter “instant sales contract”).

C. On August 17, 2011, the Defendant completed the registration of ownership transfer on the instant land based on the instant sales contract.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 4 (including branch numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff provided the Defendant with all documents necessary for the registration of transfer of ownership of the instant land on the day when the instant sales contract was concluded, but failed to receive the purchase price of KRW 13 million from the Defendant.

Therefore, the defendant is obligated to pay the purchase price of KRW 13 million to the plaintiff.

B. When the Defendant purchased the instant land, the actual owner of the instant land was E and F, but the Plaintiff lent only the name on the registry.

The Defendant purchased the instant land from E and F, the actual owner of the instant land, and paid the purchase price of KRW 13 million to E in full. As such, the Defendant did not have the obligation to re-paid the purchase price to the Plaintiff.

3. Comprehensively taking account of the evidence as revealed earlier, the statements in the evidence Nos. 1, 3, and 6 through 9, and the purport of the entire pleadings in the testimony of the witness witness E of the trial party, G, who owned the instant land before the Plaintiff, sold the instant land to E, provided ownership transfer documents to E, ② paid the purchase price to E and F at the time of purchase of the instant land from G, ③ F is omitted for the Plaintiff, and E and F at the time of purchase of the instant land, together with a real estate intermediary at the real estate intermediary.

arrow