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(영문) 서울고등법원 2016.04.22 2015나2056596

용역비

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport:

Reasons

1. Basic facts

A. On July 14, 2013, the Plaintiff agreed to terminate the sales agency contract with the Defendant on March 1, 2013, and agreed to receive KRW 200 million from the Defendant to receive the service cost for consulting. This was a matter decided at a general meeting of the members of the Defendant’s Madra Association, a telegraph, around June 2013.

With respect to the payment of KRW 200 million agreed upon, the Plaintiff and the Defendant: (a) sold 507 and 508 units of reinforced concrete structure (hereinafter “instant real estate”) among the 7th floor officetels of the Pyeongtaek-si B large scale 846.4m2 in Sungsung-si, to the Plaintiff; and (b) agreed to transfer the ownership at the same time as the completion inspection and the completion inspection.

(hereinafter “instant accord and satisfaction agreement.” According to the instant accord and satisfaction agreement, the Defendant may repurchase the instant real estate provided as security in connection with the instant agreement, but if the instant real estate is terminated by May 30, 2014 or even before the date of termination, it is necessary to repurchase the instant real estate by paying the said KRW 200 million by the day immediately before the date of termination.

B. On September 17, 2014, the Defendant completed the registration of ownership transfer on the instant real estate to the International Asset Trust Co., Ltd. due to trust.

After completion of the inspection on September 24, 2014, the above trust registration was cancelled. On September 24, 2014, the Defendant immediately completed the registration of transfer of ownership on September 29, 2014 with respect to 507 among the instant real estate, and on October 8, 2014 with respect to 508, the Defendant completed the registration of transfer of ownership on October 8, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. Determination

A. If an agreement was made between the parties to receive the refund of the principal and interest of an obligation within a given period of time in the course of transferring other property rights by way of arranging the existing obligations, barring any other special circumstances, the said property shall be deemed to have been made between the parties.