대여금
1. The plaintiff's appeal against the defendants and the conjunctive claim added in the trial are all dismissed.
2. Costs of appeal.
1. Basic facts
A. A. Around March 2013, the Defendant Company contracted the construction of a new building on the “E” building on the Plaintiff’s name, Nowon-gu, Seoul Special Metropolitan City D and G site (hereinafter “instant building”). Article 19 of the instant contract provides that the Defendant Company’s “The amount of cash input shall be KRW 1.3 billion, and the shortage of construction cost shall be treated as sales revenue and shall be responsible for the shortage of sales cost shall be performed at H.”
B. The instant building was completed under the name of the Defendant Company on January 17, 2014. Of the instant building, the three households listed in attached Table 1 among the instant buildings were owned by the Defendant Company, and was entrusted to the Luxembourg Trust Co., Ltd. on February 2, 2015. The eight households listed in attached Table 2 were entrusted with the transfer of ownership in the name of the Defendant C, and the ownership was registered on June 11, 2015.
C. On November 25, 2015, the Plaintiff calculated the Defendant Company’s obligation to the Plaintiff with respect to the instant contract at KRW 350,000,000, and agreed to transfer the said obligation to the Plaintiff for payment in substitutes of the said obligation (hereinafter “instant agreement”).
The main contents of the instant agreement are as follows.
- The seller (the defendants) recognizes that a seal imprint for the sale of real estate listed in any subparagraph of the indication is immediately offered in the name of the buyer (the plaintiff) and that the seal imprint for the sale of real estate already issued is offered as security until November 25, 2015.
- The seller shall issue a change without any condition upon request of the buyer to change the personal information of his/her seal imprint for sale of real estate.
- Until January 25, 2016, the seller agrees, without any condition, to transfer the registration in the name of the buyer when the buyer is unable to change the name, such as the sale of the real estate to a third party.
- The seller shall settle the lease contract, deposit, monthly rent statement, etc. of each subparagraph of the indicated product at the same time as the seller issues and take over it to the buyer.