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(영문) 서울고등법원 2017.04.20 2016나2058100

약정금

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. 1) E and F are Co., Ltd. G (hereinafter “G”) around March 201 around March 201, 201.

2) Between G and E, G are H forest land 8,797 square meters (hereinafter “H land”) in Jin-si, Jin-si, which is owned by E and F.

(i) 390 square meters prior to I having owned and F (hereinafter “I land”); and “each of the instant lands,” including H land, shall be “each of the instant lands.”

(A) A real estate development project (hereinafter “instant project”) in which one purchased the purchase price of KRW 8.3 billion and trusted, and then constructed and sold neighborhood living facilities on the ground.

(2) Around May 2011, J (hereinafter “J”) entered into a joint agreement with G to succeed to the rights and obligations of G related to the instant business with G. On June 15, 2011, the instant land, which was owned by E and F, was purchased at KRW 8.3 billion (hereinafter “instant sales agreement”); on June 23, 2011, each of the instant land, on which the instant land was owned by E and F, was divided into KRW 8.3 billion, and thereafter, on September 5, 2011 and September 7, 2011, the instant land was divided into KRW 7,683 square meters of H forest and field, KRW 34 square meters of L, forest and forest, KRW 18 square meters of forest and forest, KRW 939 square meters of forest and forest, KRW 124,000, KRW 125,000,0000.

(1) Of the land divided into H and H, the remaining four parcels of land, excluding 123 square meters of O forest and field, are “H and other four parcels of land”; and the remaining seven parcels of land, excluding 123 square meters of O forest and field, among H land and the land divided from H and I land, shall be “land on H and other seven parcels of land.” The registration of ownership transfer under the name of J as to each of the instant parcels of land was completed on the same day; on the same day, the registration of ownership transfer under the name of J is completed; on the same day, the registration of creation of a mortgage and the maximum debt amount of each of the instant parcels of land as KRW 910 million with respect to each of the instant parcels of land as the debtor J and J., and J., the debtor J., and Bo-young Fisheries Cooperatives (hereinafter “Y-J”).