(영문) 서울고등법원 2016.12.16 2016나2026073

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) 서울고등법원 2016.12.16 2016나2026073

매매대금반환

Text

1. The part of the judgment of the court of first instance against the Defendant (Counterclaim Plaintiff) shall be revoked, and the revoked part shall be revoked.

Reasons

1. Basic facts

A. On February 27, 2006, the Defendant acquired ownership of 1/4 shares (hereinafter “instant shares”) out of 22,810 square meters of forest land C in Gyeonggi-gun (hereinafter “instant forest land”).

B. On March 5, 2010, the Defendant sold the instant share (area 5702.5 square meters) in the purchase price of KRW 430 million between D and D, but paid the down payment of KRW 40 million at the time of the contract, and paid the balance of KRW 390 million on April 7, 2010, and entered into a contract with the buyer (hereinafter “instant contract”). The transfer income tax was to be borne by the buyer.

At the time of the contract of this case, the Defendant and D succeeded to the partition of co-owned property lawsuit, which was in progress with respect to the forest of this case at the time of the contract of this case, and agreed to purchase D as to the area to be additionally acquired by the Defendant according to the result of

C. On May 14, 2010, with respect to the instant share, the right to collateral security was established with the maximum debt amount of KRW 210 million, the debtor D, the debtor D, the mortgagee F, and G, and thereafter the supplementary registration of the right to collateral security was completed on October 11, 2013.

Meanwhile, in a lawsuit on partition of co-owned forest as to the instant forest, the Defendant, among the instant forest land, was divided into 6,982 square meters in excess of 5,702.5 square meters and 1,279.5 square meters in excess of the Defendant’s share among the instant forest land.

E. The Plaintiff agreed to succeed to half of the share purchased by D and the excess area of the instant case between D and D.

On January 20, 201, the Defendant recognized the above agreement made with the Plaintiff and D, and agreed that the Plaintiff and D would be a joint purchaser of the instant shares and the excessive area, and agreed that the purchase price of the instant shares shall be KRW 430 million,00,000,000,000 in total of KRW 100,000,000,000,000 in excess area, including KRW 100,000,000,000,000,0000,000,000,000,000,000,000,000,000 won, which was paid by the Plaintiff and D until the same day, remains

유사 판례

-춘천지방법원 원주지원 2017.01.12 2016가단31762

-서울북부지방법원 2012.12.07 2012고단147

-울산지방법원 2015.11.27 2015가단7755

-서울고등법원 2016.05.12 2015나2055302

-춘천지방법원속초지원 2019.04.18 2018가합200135