logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2017.06.27 2016가단57870
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 3, 2016, C, the Plaintiff’s birth, entered into a sales contract with the Defendant for the purchase price of KRW 470,00,000 (hereinafter “first sales contract”) with the content that he/she purchases the said building at KRW 470,000,00 in the sales price for a reinforced concrete building and housing 254.94 square meters (hereinafter “instant land”) used for private gambling business under the name of “E” and “D large 830,00 square meters and its ground” in Jeju-si, and C paid the Defendant the down payment of KRW 30,000,000 on the same day.

B. C did not pay the remainder of KRW 440,00,000 to the Defendant until March 31, 2016, which is the remainder payment date of the first sale contract. On April 11, 2016, on behalf of the Plaintiff and C’s father, F entered into a sales contract with the Defendant to pay the remainder of KRW 440,00,000 (hereinafter “second sale contract”) on behalf of the Plaintiff and C, in lieu of the buyer’s transfer from C to G, and the down payment of KRW 30,00,000 is to be replaced by the said payment.

C. On April 21, 2016, there is no dispute between the parties as to the fact that the date of concluding the instant sales contract was April 21, 2016, and thus, it appears that April 11, 2016, which was the date of preparing the instant sales contract (Evidence A2 and No. 47).

In the second sale contract between the Defendant and the Plaintiff, the buyer is changed from G to the Plaintiff, and the down payment of KRW 30,000,000 shall be substituted by the payment of the said contract, and the remainder of KRW 440,000,000 (hereinafter “instant sale contract”) was concluded to pay on April 21, 2016 (hereinafter “instant sale contract”). In concluding a sale contract to pay the remainder of KRW 440,00,000, “The Civil Act excludes the liability for warranty (Article 8) except for the defects of grave buildings, such as the leakage of the roof and the decrease of land area

On April 21, 2016, the Plaintiff paid the remainder to the Defendant, and was delivered the instant land and buildings by the Defendant around that time.

[Ground of recognition] dispute.

arrow