logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.08.22 2018가합40047
청구이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. In purchasing real estate owned by the Defendant from the Defendant, Plaintiff A and Plaintiff B entered into a so-called contract title trust agreement whereby Plaintiff A becomes a party to a sales contract, and the registration of real estate is also the name of Plaintiff A, but Plaintiff B is an internally entitled right to the real estate.

B. On July 1, 2016, pursuant to the purport of the contract title trust agreement between Plaintiff B and the Defendant, Plaintiff A entered into a contract with the Defendant on July 1, 2016, under which: (a) purchase of the building of Busan Shipping Daegu F275 square meters and its ground (hereinafter “each of the instant real estate”) owned by the Defendant for KRW 1.3 billion; and (b) payment of the purchase price in four installments on June 30, 2017; (c) KRW 150 million on December 31, 2017; (d) KRW 30 million on June 30, 2018; and (e) payment of interest at the rate of 4.8% per annum on the last day of each month from August 1, 2016 to the end of each month (hereinafter “instant sales contract”).

Plaintiff

B and Plaintiff C guaranteed Plaintiff A’s debt according to the instant sales contract on the same day.

C. On July 1, 2016, on which the instant sales contract was concluded, the Plaintiffs prepared a notarial deed stating the purport of the claim that, in the event that the Plaintiff A did not perform its obligation under the instant sales contract, the Plaintiff A was the primary debtor, and the Plaintiff B and C accepted each compulsory execution as a joint and several surety (hereinafter “notarial deed”).

On October 16, 2017, the Defendant filed an application with the Busan District Court for a compulsory auction on the real estate owned by the Plaintiff C based on the original copy of the instant notarial deed with executory force on October 16, 2017, with the claim amounting to KRW 150 million, based on the purchase price and interest under the instant sales contract, and the said court rendered a decision to commence the compulsory auction on October 17, 2017.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence No. 10-1 and 2, and the purport of the whole pleadings.

arrow