beta
(영문) 부산지방법원 2018.06.21 2017가단328620

손해배상(건)

Text

The defendant shall pay 100,000,000 won to the plaintiff and 15% per annum from September 23, 2017 to the day of complete payment.

Reasons

Facts of recognition

On July 14, 2011, E&C General Construction Co., Ltd. (hereinafter “Co., Ltd.”) entered into a sale management trust agreement with the Defendant on the new construction project of Btel building on the ground of 707m2 in Busan Northern-gu, Busan.

On December 24, 2012, SP entered into a subcontract agreement with the Plaintiff for construction cost of KRW 2,730,750,000, and on the same day, L&C entered into an officetel supply agreement with the Plaintiff on the said building with the content that KRW 101, 102, and 201 (hereinafter “instant commercial building”) shall be paid as payment in lieu of the construction cost of KRW 730,000,00. The supply price stated in the instant contract for the supply of KRW 591,50,000 is KRW 10,000.

On November 24, 2014, the registration of preservation of ownership and provisional disposition was completed in the name of S&C, and on December 26, 2014, the registration of trust in the name of the defendant was completed.

As to the instant commercial building 102, the Plaintiff filed a provisional injunction against the Defendant on April 7, 2015 against this Court’s 2015Kadan2275, and the provisional injunction registration was completed on April 7, 2015. On April 22, 2015, the Defendant completed the registration of transfer on June 3, 2014 to C on the ground of sale.

(hereinafter “this case’s transfer registration”). The above provisional disposition registration was cancelled on December 11, 2015 due to the case of provisional disposition No. 2015Kadan6438.

In the instant case No. 2015Gadan240054, the Plaintiff filed against the Defendant, sought partial claim for the amount of KRW 200,000,000, out of KRW 591,500,000 as compensation for nonperformance of the registration of transfer of ownership as referred to in subparagraph 102 of the instant shopping district, and was rendered a quoted judgment on September 20, 2016. However, in the instant case of this court 2016Na50808, the Defendant appealed against the Defendant, on April 22, 2015, on the ground that the market price under subparagraph 102 of the instant shopping district was KRW 180,00,000, the market price of the instant shopping district was KRW 180,000.

(hereinafter referred to as "related cases"). [No dispute exists concerning the grounds for recognition.]