(영문) 광주지방법원 2020.07.02 2019나4539 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2020.07.02 2019나4539

잔대금청구

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. On March 18, 2009, the Plaintiff entered into a sales contract with Defendant B church (hereinafter “Defendant church”) to sell the Plaintiff’s Dong-gu D and E (hereinafter “instant real estate”) for KRW 54,800,000.

(hereinafter “instant sales contract”). B.

Upon entering into the instant sales contract with the Defendant church, the Plaintiff agreed to deliver the instant real estate to the Defendant church at the same time, and to be paid from the Defendant church. On March 31, 2009, the Plaintiff and the Defendant church entered into an agreement (hereinafter “the instant agreement”) pursuant to the name of the building (hereinafter “the instant agreement”) stating that “The seller shall keep the said sales building in custody of KRW 5 million to the purchaser as a security for the performance of the surrender of the above sales building, and that “on July 31, 2009 or even before that time, the said order shall be repaid in full,” and the Defendant C signed and sealed the instant agreement as a joint custodian “the instant agreement.”

C. Around June 19, 2009, the Defendants paid KRW 10,500,000 in total, under the name of KRW 5,000,000, and the name of KRW 5,500,000 for the fixtures, to F who leased and possessed the instant real estate from the Plaintiff, and received the instant real estate from F around July 10, 2009.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 2, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The summary of the assertion 1) The Defendant church did not pay the Plaintiff the remainder of the sales contract under the instant sales contract. As such, the Defendants are jointly and severally obligated to pay the Plaintiff the remainder of the sales contract to the Plaintiff and the delay damages therefrom. (2) The Defendants agreed with the Plaintiff to pay the Plaintiff the remainder of the sales contract to the Plaintiff to the F, and pursuant to the said agreement, the Defendants agreed to pay the remainder of the sales contract to the F.

유사 판례

-대전지방법원서산지원 2016.02.03 2014가단53747

-대전지방법원 2015.07.14 2013가단212018

-서울서부지방법원 2016.09.09 2015가단28909

-의정부지방법원 고양지원 2017.03.22 2016가단81709

-광주고등법원 2018.09.21 2018나21769