logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.10.17 2018가합1066
분양계약자명의변경절차이행
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On February 3, 2018, the Plaintiffs purchased the right to sell the instant apartment from the Defendant in KRW 239,340,000, and among them, KRW 131,00,000, the Plaintiffs were to succeed to the loans equivalent to the same amount, and KRW 1,340,000,000, the remainder amount of KRW 98,340,000, when entering into a contract, was to be paid respectively in February 26, 2018 (hereinafter “instant contract”).

B. On January 31, 2018, the Plaintiffs paid KRW 5 million to the Defendant the provisional contract amount. On February 3, 2018, the date of the instant contract, the payment of KRW 5 million, which is the date of the instant contract, paid the remainder of the down payment, thereby paying all the down payment of KRW 10 million.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the basic facts prior to the determination of the cause of the claim, the defendant is obliged to pay the balance of 98,340,000 won from the plaintiffs, except in extenuating circumstances, and at the same time, to implement the procedure for change of the name of the seller for sale in lots as the reasons of the contract

3. Judgment on the defendant's defense

A. The gist of the defendant's defense was that the defendant deposited the plaintiffs as the principal deposit with the sum of KRW 20 million, and KRW 3 million unilaterally paid by the plaintiffs, and the contract of this case was lawfully rescinded.

B. On February 21, 2018, the Defendant sent a text message to the Defendant’s licensed real estate agent on February 21, 2018 to the effect that “The Defendant would refund the amount of the contract and rescind the instant contract.” On February 22, 2018, the Defendant sent a text message to the Plaintiffs that “the Plaintiff would transfer the amount of the contract and request to keep the account number.” On February 22, 2018, KRW 3 million was deposited from the Plaintiff’s account to the Defendant’s account. At around 18:15 on the same day, the Defendant’s licensed real estate agent sent a text message to the Plaintiff that “the Plaintiff would request to inform the Plaintiff of the account number by returning the money received.”

3..

arrow