(영문) 서울북부지방법원 2016.04.19 2015가단43858

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(영문) 서울북부지방법원 2016.04.19 2015가단43858

매매계약취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. C entered into a sales contract on March 6, 2015 with F under the brokerage of D and E to purchase KRW 170 million (20 million until April 30, 2015, intermediate payment, and KRW 140 million until June 19, 2015) from the Government-based cancer located in G (hereinafter “instant cancer”) with F, and “F shall file an application for subdivision with the relevant agency in a co-owner’s co-ownership relationship with H and 1/2, and transfer the remainder to C. The remainder may be delayed, but shall be determined by mutual agreement between each other, not by unilateral.”

B. On the other hand, on March 19, 2015, the Plaintiff entered into a sales contract with the Defendant, who is an infant of C, to purchase the real estate listed in the separate sheet (which is de facto C’s ownership; hereinafter “instant real estate”) as KRW 61 million (the contract amount is KRW 6 million and the balance is KRW 5 million until April 30, 2015), and completed the registration of ownership transfer in the future of the Plaintiff on May 8, 2015.

C. However, on July 30, 2015, C filed a lawsuit seeking the return of the sales price with the Seoul Northern District Court (2015Da32551), on the ground that “F did not complete the registration of subdivision, which is a duty of preferential performance, until June 19, 2015, which is the agreed date. Therefore, C would rescind the sales contract for the instant cancer.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The sales contract for the real estate of this case asserted by the Plaintiff is insufficient for C to purchase the purchase price of the cancer of this case.

Since the Plaintiff purchased the instant real estate and received the price, C would be able to pay the purchase price for the instant cancer, C was concluded as “the terms and conditions to purchase the instant cancer,” and C rescinded the sales contract for the instant cancer.

This is against the terms and conditions of the contract.

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