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(영문) 서울고등법원 2014.12.03 2014나38731

손해배상금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. 1) A Co., Ltd. (a sales contract between E and the Defendant) is the Guro-gu Seoul Metropolitan Government Real Estate Development Project (hereinafter “instant project”).

In order to proceed with the Defendant on September 2004, D large scale 205 square meters and its ground-based single-story housing (hereinafter “instant real estate”) between the Defendant and the Defendant on September 2004.

A) A sales contract was concluded to purchase KRW 527 million for the purchase price of KRW 50 million, and around that time, the Defendant paid KRW 150 million for the total sum of KRW 50 million for the down payment and the intermediate payment of KRW 100 million to the Defendant. (2) A transferred all of the instant business rights, including the right to the purchase price of the instant real estate partially paid to the Defendant, to E Co., Ltd. (hereinafter “E”) on December 30, 204.

3) Accordingly, on June 19, 2008, E concluded a new sales contract on the instant real estate under its own name between the Defendant and the Defendant, and determined the remainder date as of July 31, 2008; the sales amount as of July 17, 2008, including KRW 150,000,000,000,000, which was already paid; and thereafter, on July 23, 2009, the sales contract was concluded again with the Defendant, and the sales amount was maintained as of July 23, 2009, and the remainder date was postponed as of October 30, 2009.

(2) On August 19, 2010, E sent a notice of assignment to the Defendant that “the part payment claim KRW 100 million arising from the instant real estate contract was transferred to the Plaintiff” and that “the part payment claim KRW 100 million was transferred to the Plaintiff,” among the part payment claim for the refund of the purchase price transferred to the Plaintiff. However, it did not reach the Defendant due to an error in address entry.