logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2018.01.10 2016가합71754 (2)
손해배상(기)
Text

1. The Defendant’s KRW 953,149,723 as well as the Plaintiff’s annual rate of 5% from August 7, 2016 to January 10, 2018.

Reasons

1. Basic facts

A. The Plaintiff entered into a contract with the Defendant to purchase the F building Nos. 107, 108, 109, 204, and 304 (hereinafter referred to as the “instant sales contract”) (hereinafter referred to as the “instant sales contract”), and the content thereof are as follows.

The sale price account entered in the contract for the date of a housing contract, and the deposit account, KRW 107,556,400,000 won, which is February 16, 2015, KRW 107,50,000,000,000 won, KRW 108,550,000,000 won, which is March 2, 2015, No. 109, KRW 1005-102-68864, April 7, 2015, Korea Bank 100,000,00 won, KRW 69,160,000,000,000 won, which is KRW 304,660,000,000,000 won, on February 16, 2015.

B. The Defendant completed each registration of initial ownership in relation to the 107, 108, 109, 204, and 304 of August 31, 2015, and completed each registration of initial ownership in relation to the Rose of Sharon Co., Ltd. (hereinafter referred to as the “Luxembourg Trust”) on the same day, on August 31, 2015.

C. On November 20, 2015, the Defendant completed the registration of ownership transfer for reasons of the attribution of trust property under the Defendant’s name, and completed the registration of ownership transfer for reasons of sale on September 30, 2015 in H on the same day, and as to March 14, 2016, the registration of ownership transfer was completed on March 14, 2016 in I future.

On April 15, 2016, the Plaintiff completed each registration for the transfer of ownership with respect to heading 107 (C. 109 on March 25, 2016), 108 (C. 107 on March 25, 2016), and 204.

The registration of trust in paragraph (1) was cancelled due to the disposal of trust property, but the registration of ownership transfer made by the trust shall be completed on April 15, 2016, with the trust of the next Rose of Sharon on the same day as the trustee.

[Ground of recognition] Facts without dispute, Gap's entries in Gap's evidence Nos. 1, 2, 6, 8, 10, 13, 14, 15, 16, Eul's evidence No. 2, and the purport of the whole pleadings

2. The plaintiff's assertion is based on the sales contract of this case against the plaintiff Nos. 107, 108, 109, 204, and 304.

arrow