(영문) 창원지방법원 2019.09.26 2018가합55145

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) 창원지방법원 2019.09.26 2018가합55145

부동산 매매대금 청구의 소

Text

1. The Defendant’s KRW 1,327,133,733 as well as the Plaintiff’s annual rate from February 14, 2019 to September 26, 2019, and the following.

Reasons

1. Basic facts

A. On April 27, 2018, the Plaintiff entered into a comprehensive transfer contract with the Defendant for sales business rights (hereinafter “instant contract”) with respect to the land and its ground buildings (hereinafter “instant land”) in Kimhae-si, and agreed to transfer all assets and liabilities related to the sales business to the Defendant at KRW 3 billion, but the Defendant paid the purchase price to the Plaintiff in the following manner:

- A down payment of KRW 60 million shall be paid on April 27, 2018 on the date of the contract.

- The defendant succeeds to 1.5 billion won of the plaintiff's debt.

- The remainder of 1.44 billion won shall be paid after sale.

(1) The sales price of commercial buildings 640,019,093, and the sales price of commercial buildings 593,891,590, and the sales price of commercial buildings 593,891,590, and the total amount of officetels F, G, H, I, 267 won shall be deducted from the balance and the total amount of 92,456,267 won shall be paid in the balance, and 39,390,000 won in the aggregate of commercial buildings D, E, and E, shall be paid in the balance.

(Amount paid: 153,023,050 won = 1.444 billion won - 1.4 million won - 1 (2)

B. On May 28, 2018, the Plaintiff completed the registration of ownership transfer for the instant land to the Defendant on April 27, 2018, and the Defendant completed the registration of ownership transfer for the instant building on July 25, 2018.

[Ground for recognition of facts] The facts without dispute, Gap evidence 1 through 3, Gap evidence 6910 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the facts acknowledged earlier, the Defendant paid the remainder to the Plaintiff after the instant building was first sold in lots under the instant contract, which is, the time when the payment period for the remainder payment is not determined in the future.

In such cases, it is confirmed that there is no objection as well as the facts indicated in the indefinite term.

유사 판례

-창원지방법원 2020.10.29 2019나56156

-서울동부지방법원 2020.08.20 2019가단19345

-서울동부지방법원 2019.12.06 2019나27149

-서울남부지방법원 2020.02.27 2019가단207022