(영문) 대전지방법원 2015.04.15 2014가단49033

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) 대전지방법원 2015.04.15 2014가단49033

매매대금 반환

Text

1. The Defendant shall pay to the Plaintiff KRW 75,00,000 and the interest rate of KRW 20% per annum from December 27, 2014 to the day of full payment.

Reasons

1. Facts of recognition;

A. On April 5, 2013, the Plaintiff entered into a sales contract with the Defendant for the purchase price of KRW 7.5 million with respect to the land of this case (hereinafter “instant land”). On April 5, 2013, the Plaintiff paid each of the remainder of KRW 3.5 million to the Defendant or the Defendant’s order on April 29, 2013, as the contract deposit, KRW 2.5 million with the contract deposit, KRW 1.5 million with the intermediate payment on April 10, 2013, and KRW 3.5 million with the remainder on May 29, 2013.

1. The land in this case is unregistered real estate registered on the land cadastre in the name of the defendant's net father D, and the defendant is a sole heir by an agreement on inheritance, and the registration of preservation of ownership of the land in this case is completed, and the transfer of ownership is to the plaintiff.

2. A lawsuit seeking confirmation of ownership against the State under the name of the defendant must be initiated by appointing an attorney-at-law, and the cost of the lawsuit shall be paid directly by the plaintiff after deducting the remainder to be paid to the defendant from the remainder.

3. The instant sales contract is concluded on the condition that the preceding one is in progress, and if the instant sales contract becomes impossible to register the transfer of ownership of the instant land, the instant sales contract is rescinded, and the Defendant shall return to the Plaintiff the full amount of KRW 7.5 million.

B. The sales contract of this case contains the following special agreements:

C. On January 21, 2014, the Defendant filed a lawsuit against the Republic of Korea to confirm ownership of the instant land. On the grounds that “No evidence exists that the instant land was occupied by the Defendant, who is the heir D or his/her heir, it cannot be readily concluded that the instant land is owned by D,” the Defendant’s claim was dismissed. However, on July 24, 2014, the Defendant appealed from the Suwon District Court (2014Na6272) that “the instant land is owned by D or the said D is owned by the Plaintiff.”

유사 판례

-서울동부지방법원 2021.1.29. 선고 2020나20441 판결

-수원지방법원안양지원 2016.11.09 2016가단10412

-서울동부지방법원 2021.01.29 2020나20441

-대전지방법원 2018.01.18 2017나104659

-대전지방법원 공주지원 2017.02.23 2016가단20151