logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.06.28 2016가합105071
건축주명의변경절차이행
Text

1. On May 13, 2016, the Defendant concluded a transfer contract with respect to the building permit stated in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. C as an owner of the land of the 521.5 square meters (hereinafter “the instant land”) in Ansan-si, Ansan-si, the building was newly built on the said land by obtaining a building permit from the competent authority.

B. On October 13, 2014, C and the Defendant entered into a sales contract with the Defendant (hereinafter “instant sales contract”) with the effect that “C sells the instant land and its underground floors, and the buildings with the 1,480,000,000 square meters of 7 stories above the ground (hereinafter “instant building”) to the Defendant, and the down payment of KRW 200,000,000,000, the remainder amount of KRW 1,280,000,000 on the date of entering into the contract (hereinafter “instant sales contract”) to the Defendant on February 28, 2015.

C. On October 14, 2014, the Defendant paid KRW 200,000,000 in total to C according to the instant sales contract, and around October 17, 2014, C changed the name of the owner of the instant building to the Defendant according to the construction permission.

On February 12, 2015, the defendant changed the above owner's name to E.

Until February 28, 2015, the remainder payment date, the Defendant failed to pay C the remainder of KRW 1,280,000,000, and C filed a lawsuit on construction with the Defendant and E, asserting that “C is obligated to implement the procedure for change in the name of the owner of the instant new building, as the instant sales contract was rescinded,” and that “C is obligated to implement the procedure for change in the ownership of the owner of the instant new building.” The Defendant filed a lawsuit against C with the Daejeon District Court 2016Gahap101369, Daejeon District Court 2016.

On March 29, 2016, the instant lawsuit was concluded on March 15, 2016 (hereinafter “instant adjustment”) with the following: “The Defendant paid KRW 1,180,000,000 to C as the remainder of the purchase price for the instant land and buildings, and at the same time, acquired ownership of the instant land from C; if the Defendant breached his/her obligation to pay the remainder, the instant sales contract was automatically rescinded, and the Defendant waives the down payment of KRW 200,000,000 that was paid.”

E. The defendant raises an objection.

arrow