logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2020.07.17 2019가단9805
매매대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On February 2, 2015, the Plaintiff was awarded a successful bid for two lots of land and buildings on the land (the real estate listed in the attached Form 1; hereinafter “instant one real estate”) located in the area of not less than 260 square meters, D, P, P, and on November 27, 2014, and the Plaintiff was determined as a successful tenderer for the said real estate.

The registration of ownership transfer is completed in that name.

Defendant B, on July 6, 2012, on one parcel of land (the real estate listed in attached Form 1; hereinafter “instant two real estate”) located outside 3,659 square meters in Chungcheongnam-nam Budget-gun, Chungcheongnam-do, which was owned by Defendant C, for the same year.

6. He shall complete the registration of ownership transfer based on the exchange of 29.1.

B. On January 22, 2015, the Plaintiff determined as a successful bidder for the instant real estate, and completed the registration of ownership transfer, the Plaintiff concluded an exchange contract with Defendant B on January 22, 2015 with the effect that the remaining price of the instant real estate is KRW 170,00,000 (i.e., the market price of KRW 490,000,000-guarantee amount of the secured loan amount of KRW 320,000). The remaining price of the instant two real estate is KRW 140,00,000 (i.e., the market price of KRW 293,00,000) and exchange each of the outstanding price of the instant two real estate with the market price of KRW 153,00,000,000 with the secured debt amount of KRW 153,00,000. The other party to each real estate and Defendant B will pay the difference to the Plaintiff (hereinafter “Exchange contract”).

The exchange contract of this case seems to have been concluded by the plaintiff as the actual party by using the name of the plaintiff as the plaintiff.

C. On February 25, 2015, pursuant to the instant exchange contract, the Plaintiff completed the registration of ownership transfer for Defendant B with respect to the instant real estate based on sale.

Defendant B, on March 3, 2015, the same year as to the instant 2 real estate to Defendant C

2. The registration of ownership transfer was completed on the ground of exchange 26.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 through 3 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. The summary of the Plaintiff’s assertion lies in F around 2011.

arrow