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(영문) 부산지방법원 2017.07.07 2016가단9502

양수금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

C On December 31, 2011, a joint agreement was entered into with D Co., Ltd. (former: : E; hereinafter “Nonindicted Company”) to newly construct and sell apartment units on the ground of the F land owned by it (hereinafter “instant land”) (hereinafter “instant joint agreement”). According to the said agreement, the non-party company, as a executor, agreed to pay C the purchase price of the instant land at KRW 650 million and to assume 30 million out of the business share, as a manager, at least 250 million to assume the responsibility for the profit of KRW 250 million or KRW 300 million.

G and C’s agent, the actual representative of the non-party company, H, on July 17, 2013, shall be attached in relation to the repayment of the instant land price.

1. The letter of agreement as described has been drawn up

(hereinafter referred to as “instant agreement”). On July 19, 2013, C, immediately after completion of registration of ownership preservation on each sectionally owned building of newly constructed apartment (hereinafter referred to as “instant apartment”) and completed registration of ownership transfer in the name of K non-Real Estate Trust Co., Ltd. on the same day.

On January 7, 2015, with respect to the instant apartment Nos. 301 and 302 (hereinafter “instant apartment building”) registered in the name of the said trust company, the registration of ownership transfer was completed on the ground of reversion of trust property in the name of the said trust company C, and on the same day, the registration of ownership transfer was completed on December 30, 2014 in the name of the Defendant (hereinafter “the instant registration of ownership transfer”), and the sales contract prepared at the time are as listed in the separate sheet.

(2) On April 21, 2015, a notice of assignment of claims in the instant case was sent to the Plaintiff with content certification, which states that C shall transfer the claim amount of KRW 181,400,000 to the Plaintiff.

C immediately after the death of April 26, 2015 (hereinafter “the deceased”), and I’s heir I’s deceased.