(영문) 대전지방법원 홍성지원 2018.10.11 2018가합586

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 홍성지원 2018.10.11 2018가합586

매매잔대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On November 18, 2017, the Plaintiff and the Defendant drafted a real estate exchange contract with the following content:

(hereinafter “instant exchange contract” and “the instant exchange contract” are separately referred to as “the instant exchange contract” between the Plaintiff and the Defendant, and how to interpret the content of the instant exchange contract. We examine the following parts: (a) The Plaintiff and the Defendant, the co-owner of the Defendant’s real estate property under paragraph (2) of the instant exchange contract, as well as the Defendant.

However, N appears to have not been directly involved in the conclusion and implementation of the contract, and there is no particular influence on the judgment of the issues of this case.

shall, under mutual agreement, enter into a real estate exchange agreement as follows:

1. The location of the Plaintiff’s article: Bosi-si C, D, E, F, G, H, I, J, K, or L (total 10 parcels; hereinafter “Plaintiff’s real property”);

2. Location of defendant's goods: Mountainous site and ground buildings (hereinafter referred to as "Defendant's real estate").

3. The Defendant pays to the Plaintiff the exchange difference of KRW 400 million (the balance of KRW 50 million, the balance of KRW 350 million).

Special terms: 500 million won of the loan principal of the community credit cooperative in the plaintiff's real estate shall be acquired and succeeded by the defendant.

The plaintiff shall succeed to the loan principal of the new bank in the defendant real estate amounting to KRW 170 million.

The real estate amount reported by the plaintiff shall be 1.6 billion won, and the real estate amount reported by the defendant shall be 550 million won and there is no objection.

b. The Plaintiff and the Defendant both have confirmed the public study, on-site answers, real estate prices, and public records of the subject matter before entering into this contract, and they do not raise any objection thereafter.

The exchange value of the above real estate transaction is not the market value of the appraisal institution. When the intermediate payment is made, the plaintiff can make a provisional registration to the defendant.

B. The Defendant on March 2017, to the Plaintiff.

유사 판례

-서울북부지방법원 2016.11.18 2015가단131595

-서울고등법원 2015.04.16 2014나37899

-대전지방법원홍성지원 2017.07.11 2016가단6101

-수원지방법원 2018.06.21 2017나14120

-인천지방법원 2018.04.25 2016가단209121