(영문) 서울북부지방법원 2017.09.15 2017나30055

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(영문) 서울북부지방법원 2017.09.15 2017나30055

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1. The judgment of the first instance, including the Plaintiff’s claim extended by this court, shall be modified as follows.

The defendant.

Reasons

1. Facts of recognition;

A. On May 9, 2013, the Defendant entered into a sales contract with A to sell land of KRW 1,653,250,000 for land of KRW 1,653,250.

However, after A newly constructed multi-household housing (hereinafter “instant building”) on its ground, A agreed that the payment of the purchase price would substitute for the payment of the purchase price of the land as part of the newly constructed building.

B. On March 27, 2014, the Defendant entered into an agreement with A on the following terms and conditions as to the sales contract:

1) The sales contract for the land outside Incheon, Incheon, B, and 10 parcels concluded between the Defendant and A was terminated, and the previous sales contract is valid to the extent that it does not go against the terms and conditions set forth below. 2) A completes the instant building by August 31, 2014 under the name of the landowner and the building permit holder as the Defendant.

3) In the event that A fails to complete the inspection of completion or suspends construction for at least 15 days during the construction period, the instant sales contract shall be deemed cancelled, and the Defendant cannot assert all rights relating to the instant sales contract, and immediately deliver the construction site to the Defendant. 4) Upon completion of the instant building within the construction period and completion of the preservation registration in the name of the owner of the building, A shall settle the sales price after completion.

The method of settlement is as follows: (A) The method of payment shall be calculated by adding the unpaid amount and the interest on loans, etc. to be borne by A, to the Defendant, through the settlement method, to the Defendant; (b) the payment method shall be made in lieu of each of the instant buildings, but the conversion of lending shall be 90% of the parcelling-out price.

The insufficient amount after the payment of the substitute shall be paid immediately in cash.

C. At the same time with the settlement of the remainder of the loan borrowed by the Defendant, the Defendant transfers the ownership to A, and A cancels the mortgage of the loan borrowed by the Defendant as the security and paid to the Defendant in lieu of the property.

The defendant shall be a substitute for A.

유사 판례

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