(영문) 서울북부지방법원 2016.08.12 2015가단142823

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) 서울북부지방법원 2016.08.12 2015가단142823

매매대금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On May 22, 2008, the Defendant decided to purchase a building of 95.90 square meters and 4 stories on the same ground as that owned by the Deceased (hereinafter “instant real estate”) between the deceased, who was a friendship E (hereinafter “the deceased”) and the deceased, and entered into a sales contract in which the purchase price is KRW 391.5 million.

B. The defendant completed the registration procedure for transfer of ownership on May 26, 2008 on the ground of sale as of May 21, 2008.

C. The Defendant paid to the Deceased a total of KRW 312 million on May 22, 2008, including KRW 182 million, KRW 130 million on July 2, 2008, and KRW 312 million on July 2, 2008. The Defendant succeeded to the obligation to return the lease deposit amount of KRW 20 million on G, a lessee, on the first floor of the instant real estate.

The Deceased died on December 31, 2009, and there are Plaintiff A and B, the spouse of the Deceased, as the inheritor of the Deceased.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 13 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The purchase and sale price of the instant real estate determined by the deceased and the defendant was KRW 50 million. However, since the amount received by the deceased from the defendant was a total of KRW 312 million, the defendant is obligated to pay the remainder of the outstanding purchase and sale amount of KRW 188 million ( KRW 500 million - KRW 312 million) to the deceased’s heir (hereinafter “Plaintiff”).

B. The Defendant’s assertion that the issue of tax collection and the preparation of operating expenses for the business of the deceased was urgent, and thus, upon the request of the deceased, the instant real estate owned by the deceased was allowed to purchase the instant real estate by making it difficult for the deceased to refuse the request made by the deceased, even though it is not necessary. At the time, the Defendant decided to purchase the instant real estate in KRW 391.5 million according to the market price, and paid the purchase price to the deceased.

However, the real estate in this case was located in the district where redevelopment and improvement was promoted.

유사 판례

-서울고등법원 2017.06.23 2016나2057688

-서울고등법원 2014.11.06 2013나66609

-서울중앙지방법원 2017.11.02 2016가단90258

-대전지방법원 2017.09.29 2016나111704

-인천지방법원 2013.09.27 2011가합7396