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(영문) 대전고등법원 2017.02.09 2013나2205

매매대금

Text

1. The plaintiff's rehabilitation claim B against the debtor who is the plaintiff's rehabilitation debtor B according to a change in exchange at the trial.

Reasons

1. The facts under the recognition do not conflict between the parties, or can be acknowledged by taking into account the following facts: Gap evidence Nos. 1, 2, 4, 5, Eul evidence Nos. 1-12, Eul evidence Nos. 4-1, Eul evidence No. 10, and Eul evidence Nos. 10, and the whole purport of the arguments as to the head of Seo-gu Daejeon Metropolitan City in the first instance court.

On June 8, 2009, the Plaintiff obtained permission for the filling business of liquefied petroleum gas from the head of Seo-gu Daejeon Metropolitan City (hereinafter “instant business rights”).

B. On September 29, 2010, the Plaintiff (Seoul Central District Court rendered a decision to commence rehabilitation proceedings against B in the rehabilitation case No. 2014dan95, April 9, 2014, where the trial is pending in the trial (hereinafter “instant decision”).

(2) The Defendant agreed to pay KRW 500,000,000,000,000,000 for the instant business license (hereinafter “instant sales contract”) to the Defendant, as the manager of B, and the Defendant succeeded to the right to manage and dispose of the instant property (hereinafter “instant business license”) and to receive KRW 500,000,000 for down payment at the time of completing the transfer of the instant business license and the building permit, and to receive KRW 500,000,000 for the remainder at “the time of completing the transfer of the ownership of the instant business license and the instant building permit” and “the alteration of the neighboring residential facilities site (C and D land) and the completion

C. On November 1, 2010, the Plaintiff sold to B the land of this case for KRW 120 million, which was 397 square meters in Seo-gu, Daejeon (hereinafter “instant land”). D.

B received the transfer of the instant business right and the name of the said building permit, and obtained the “license for the filling business of liquefied petroleum gas” under the name of B on June 24, 201, and thereafter completed the completion of the instant filling station on July 31, 2012 after obtaining permission for the said neighborhood living facility site and the farmland diversion.

E. The Plaintiff, within the inspection period stipulated in the instant decision (up to May 28, 2014), KRW 1.21 billion (=the balance of the sales price of the instant business rights + KRW 672,967,160 (=the sales price of the instant business rights) that was sought against B in the instant case.