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(영문) 서울고등법원 2019.01.11 2018나2044181

양수금

Text

1. Of the judgment of the court of first instance, the part against the Plaintiff regarding Defendant D, which constitutes the following amount ordered to be paid.

Reasons

1. Under the underlying facts, the facts are either not disputed between the parties, or acknowledged by taking account of the entries in Gap evidence 2 to 8 (including all of the paper numbers; hereinafter the same shall apply) and the overall purport of each order to submit financial transaction information to X Co., Ltd. in the first instance court.

[1] In around 2006, N Co., Ltd. (hereinafter “N”) implemented a new construction project of “P apartment” (hereinafter “instant apartment”) located in Ulsan Jung-gu O and three lots of land (hereinafter “N”)

The defendant F entered into a sales contract with N on October 27, 2006 that the defendant F will be provided with the price of 528,000,000,000 won for the apartment AB of this case, and the defendant D would be provided with the price of 522,00,000,000 won for the apartment AC of this case on November 20, 2006, and around that time, 20,000 won were paid to N as the first down payment.

Defendant L succeeded to the status of the buyer from U who purchased the instant apartment AD from N to KRW 608,00,000, and N accepted the status of the buyer as the buyer of the said apartment.

(2) The main contents of each of the instant apartment sales contracts concerning Defendant D and Defendant F are as follows: (a) the sales contract directly concluded between Defendant D and Defendant F and the sales contract succeeding to Defendant L; and (b) the sales contract of the instant apartment; (c) the main contents of each of the instant sales contracts are as follows.

Defendant D 20,200 52,200,200 52,200 52,200 52,200 52,200 52,200 52,200 52,200 52,200 52,200 52,200 52,20052,200 52,800 52,800 52,800 52,80 52,800 52,80 52,800 52,800 52,800 52,802,80 52,800 138,40 U. 60,800 60,6080 60,6080 60,6080,6080 60,6080,6080 60,6080

2. Where any balance is not paid within three months from the expiration date of the designation period for occupancy, Article 3 (Penalty) (1).