logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2020.12.11 2018나8683
배당이의
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the judgment of the court of first instance cited in the instant case is as follows: (a) the Defendants filed an appeal and emphasized or added claims are identical to the reasoning of the judgment of the court of first instance, except for further determination under paragraph (3); and (b) thereby, the same shall be cited, including summary language, pursuant to the main sentence of

(2) Even if provisional registration of this case constitutes provisional registration for the purpose of preserving the right to claim ownership transfer registration, Article 4 of the Special Agreement on the Sale and Purchase of Home Affairs states that “if a purchaser (the defendant) fails to perform the above matters, the contract shall not be concluded, and the full amount of the purchase price already paid shall be refunded from the plaintiff by August 10, 2015,” the defendants have the right to receive a refund of KRW 100 million from the plaintiff in accordance with the above provision. Thus, the provisional registration of this case has the nature of the provisional registration for the right to claim ownership transfer registration.

3. According to the following facts and circumstances, the provisional registration of this case is determined as provisional registration for preserving the right to claim ownership transfer registration, and it is difficult to view that the Defendants’ right to claim ownership transfer registration has the nature of security provisional registration only for the right to claim ownership transfer registration against the Plaintiff.

All of the defendants' arguments are without merit.

1. On September 23, 2015, the Plaintiff, under the title “Notice of Rescission to the Defendants,” was inevitably the buyer (the Defendant) failed to perform a part of the obligation under the sales contract until September 22, 2015.

arrow