logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2017.03.09 2016가단59432
약정금
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. On July 23, 2007, the Plaintiff and C concluded a sales contract with E as the purchase price of KRW 2.1 billion (the down payment KRW 200 million on the day of the contract, the intermediate payment of KRW 400 million on August 23, 2007, and the intermediate payment of KRW 500 million on October 23, 2007, and the remainder of KRW 500 million on October 23, 2007 (hereinafter “the previous sales contract”).

B. The Plaintiff and C received the down payment of KRW 200 million and the first intermediate payment of KRW 400 million from E until August 23, 2007, but did not receive the remainder of the intermediate payment and the remainder. The Plaintiff and C died on October 2010 and succeeded to F’s status C.

C. On July 8, 2011, the Plaintiff and F (hereinafter collectively referred to as the “Plaintiff, etc.”) filed a lawsuit against the Plaintiff and F (hereinafter collectively referred to as the “Plaintiff, etc.”) seeking confirmation of the cancellation of the said sales contract with the Busan District Court 201Gahap13947, and won the lawsuit on December 1, 201. While E appealed, the appeal was dismissed on May 30, 2013, and the said judgment became final and conclusive around that time (hereinafter “instant judgment”).

On the other hand, on June 26, 2013, the Plaintiff, etc. concluded a new sales contract for the instant land (hereinafter “instant sales contract”) with the Defendant (a husband of the E) (a husband of the E serves as the Defendant’s auditor), and drafted a sales contract with the following contents.

Sales amount: 1.90 million won (contract amount of KRW 300 million, intermediate payment of KRW 400 million, balance of KRW 1.2 billion): 100% succession to the down payment and intermediate payment contracted with E on July 23, 2007, and the remainder payment shall be deposited immediately in the head of the Tong at the time of completion of the document transfer in the presence of a certified judicial scrivener of the Busan Central Branch Office.

E. The Defendant paid KRW 1.2 billion to the Plaintiff, etc. on June 26, 2013 according to the instant sales contract, and completed the registration of ownership transfer in the name of the Defendant on the same day.

F. The plaintiff received 'E's down payment of KRW 600 million.

arrow