logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.10.19 2017가단102102
건물인도
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 12, 2016, the Plaintiff-type C, on behalf of the Plaintiff, sold 2 multi-household houses on each of the land D, E, F, and G, including each of the instant buildings, to the Defendant at KRW 1195,00,000,000,000,000,000 for the contract day, intermediate payment of KRW 10,000,000 on September 27, 2015, and KRW 50,000,000 out of the remainder, was paid on October 26, 2016, and entered into a sales contract with the Defendant to substitute the Defendant’s debt of KRW 112,200,000,000 (hereinafter “instant sales contract”).

1. This contract shall be null and void at the time of payment in part payments and any balance;

Provided, That the down payment shall not be refunded.

2. The seller shall succeed to the interest of the bank until the name of the seller is transferred.

3. The trust or loan of a bank held by a purchaser responsible and on behalf of a purchaser shall be refunded.

4. After this contract, the buyer will undertake on-site work and finishing work, and without any claims, such as input funds, equipment, personnel expenses, etc., or request for funds, to the seller (the waiver of the right of retention). 5. The materials and personnel expenses invested in this building were all disposed of, but the seller shall be responsible and dealt with when the problem arises.

6. Transfer of ownership shall be made in the name of a person designated by the purchaser.

B. At the time of concluding the instant sales contract, the Plaintiff entered into an agreement with the Defendant on the following terms:

C. The Defendant paid the Plaintiff the down payment of KRW 10 million by the date of conclusion of the instant sales contract, and paid the intermediate payment of KRW 15 million at the end of September 2016, but did not pay any balance, and did not succeed to the Plaintiff’s loan.

Accordingly, on October 28, 2016, the Plaintiff evaluated the H land in Gwangju as its agent by the Defendant as KRW 39,4250,000 and transferred the land to the Defendant and sold the remainder 5.

arrow