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(영문) 서울고등법원 2019.10.16 2018나2039707

매매대금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On December 20, 2010, J concluded the instant trade agreement and 1) On December 20, 2010, i.e., the 666.8m2 (hereinafter “instant land”).

2) On July 3, 2014, the J purchased the instant land and completed the registration of transfer of ownership on September 8, 201. The J concluded a business agreement with the Plaintiff, AA, J KRW 70 million, and the Plaintiff and AA, respectively, to newly construct neighborhood living facilities and officetels of the fifth floor above the instant land (hereinafter referred to as “instant building,” “the instant land and the instant building,” collectively referred to as “the instant land and the instant building,””) on the ground of the instant land, with a size of five floors above the instant land and to collect the investment proceeds by borrowing or leasing the instant land as collateral and the instant building, and to distribute profits and losses according to the ratio of shares of J 50% in the future, and each Plaintiff and AA 25% (hereinafter referred to as “instant business agreement”).

3) The instant building was completed on or around January 20, 2015. The J, the Plaintiff, and C (the spouse of AA who is a party to the instant trade agreement) acquired the shares of the Dong business of J and the Plaintiff with the consent of J and the Plaintiff.

(4) On February 24, 2015, J completed the registration of ownership transfer with respect to each one-third share of the instant building on the grounds of sale and purchase. (4) On September 24, 2015, the Plaintiff completed the registration of ownership transfer with respect to each share of the instant land and the instant building on the ground of sale and purchase.

On the same day, the registration of creation of a mortgage on the instant land and building was completed with respect to the maximum debt amount of KRW 1.82 billion, the debtor C, the mortgagee C, and the mortgagee T.

5) After the construction of the instant building, J, the Plaintiff, and C, etc. leased a total of 28 stores, including 1st, 3 through 5th, among the instant buildings, 28 units of stores, including 1st, and 3 through 5th, and leased deposits worth KRW 97 million in total. However, there was a civil or criminal dispute surrounding the right to lease, distribution of the deposit money, and the place of use. (B) The Plaintiff without prior consent from J and C, and the Plaintiff “the deceased”.