(영문) 서울중앙지방법원 2018.03.20 2017가단35470

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2018.03.20 2017가단35470

소유권이전등기 등

Text

1. The Defendants shall pay to the Plaintiff KRW 20,000,000, respectively, and KRW 15,000,000 from June 20, 2007 to KRW 5,00,000.

Reasons

1. Basic facts

A. On May 19, 2007, the Plaintiff entered into a contract with the Defendants to purchase the instant building (the Defendants each owned 1/2) with the following content.

-The sales price of KRW 195,00,000, the down payment of KRW 20,000 (payment on the day of the contract), the intermediate payment of KRW 3,000,00 (payment on June 20, 2007), the balance of KRW 145,00,000 (payment on July 4, 2007) - the sales contract to be entered into at the present facility condition (goods existing at the time of lease, such as air conditioners, air conditioners, and gas gas), the present lease contract (payment of KRW 10,00,000) succeeds to the Plaintiff.

- Before the buyer pays the intermediate payment, the seller shall compensate for the total sum of the down payment, and the buyer may waive the down payment and rescind this contract.

(Article 5) . - If a seller or a buyer has any default under this Agreement, either of the parties to the contract may notify in writing the other party who has defaulted his/her obligation and may rescind the contract if he/she has not performed the obligation.

In such cases, the seller and the buyer may claim damages respectively against the other party, and they shall comply with the criteria under Article 5 (6) unless otherwise agreed on the compensation for damages. - The remainder after deducting the deposit for the lease from the balance shall be treated as the remainder

The tax invoice corresponding to the portion of the building shall be issued and delivered to the Plaintiff before the remainder payment of the tax invoice for the sales proceeds.

(The above special agreement is a provision added to June 16, 2007). (B)

The Plaintiff paid the down payment of KRW 20 million on the day of the contract, and the intermediate payment of KRW 30 million on June 20, 2007, and KRW 10 million on June 30, 2017.

C. The Plaintiff newly registered as a business on June 20, 2007. The Plaintiff requested the Defendants to issue a tax invoice in accordance with the above special terms and conditions, but both parties have not fulfilled their obligations under the sales contract and the remaining payment date has expired.

Plaintiff

On July 5, 2007, the side will cooperate with the Defendants in the issuance of tax invoices.

유사 판례

-창원지방법원 2017.02.16 2016가합50290

-서울중앙지방법원 2018.09.14 2017가단112094

-수원지방법원 2016.02.04 2015가단125988

-광주지방법원순천지원 2017.06.29 2016가합10354

-서울동부지방법원 2019.05.16 2018가합111333