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(영문) 대구지방법원 2019.12.06 2018가합211529
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a legal entity that newly built and sold a commercial building of the size of the second and fifth stories underground (hereinafter “instant commercial building”) in Daegu Jung-gu, Daegu-gu, the sales agency that entered into a sales agency contract with the Defendant, and Eul (hereinafter “D”) is the representative director of D.

B. On July 11, 2014, the Plaintiff: (a) purchased the first floor Fho Lake (hereinafter “instant shopping mall F”) from among the instant commercial buildings, which had been prepared for commencement with E, one-half of the costs; and (b) owned each one-half of the shares; (c) but (d) concluded a partnership agreement with the Plaintiff to sell in the name of the Plaintiff for the convenience of the contract.

The Plaintiff entered into the instant sales contract with the Defendant for the sales price of KRW 960,00,00 (hereinafter “instant sales contract”) as a broker of the parcelling-out agency on the same day, and agreed to pay KRW 200,000,000 for the contract deposit, and the intermediate payment of KRW 100,000 within ten (10) days thereafter, and the balance of KRW 660,000,000 for the transfer registration of ownership after completion.

C. On July 15, 2014, the Plaintiff entered into a partnership agreement with G to own 1/2 shares of the first floor H of the said commercial building (hereinafter “instant commercial building H”) by bearing 1/2 of the expenses.

The Plaintiff and G jointly concluded a sales contract with the Defendant for the sales price of KRW 950,00,000 for the instant commercial building H as a broker of the sales agency D on the same day, and agreed to pay KRW 200,000,000 for the contract deposit, and the remainder KRW 750,000,000 for the transfer of ownership after completion.

(G) as a type of E, E entered into a partnership business contract and sales contract on behalf of G. D.

On July 11, 2014, the Plaintiff remitted KRW 200,000,000 to the deposit account in the name of representative director I at the time of the Defendant’s transfer of KRW 50,000,000 to E, and KRW 100,000,000 on July 15, 2014 to the same account.

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