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(영문) 서울고등법원 2016.04.21 2015나2049079

약정금 등

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. On October 21, 2008, the Plaintiff purchased D 826.5 square meters from the Korea Land and Housing Corporation (hereinafter “instant land”) and completed the registration of ownership transfer on January 12, 2012. The Plaintiff agreed to pay the remainder KRW 900 million to E, on the ground that there was an interest in the instant land that E would have purchased.

On the other hand, on April 16, 2012, E completed the registration of creation of a new mortgage amount of KRW 300 million for the members of the right to collateral security property, J, K, L, the maximum debt amount, and KRW 300,000,00,000 for the members of the right to collateral security property, in order to secure the obligation to pay remainder for the neighborhood living facilities and houses owned by the Plaintiff, the mother

B. The Plaintiff was awarded a contract to construct officetels with Defendant B Co., Ltd. (hereinafter “Defendant Company”) to carry out the business of newly constructing and selling officetels on the instant land, and the Defendant Company commenced construction from February 2012.

C. On June 26, 2012, the Plaintiff and the Defendant Company prepared a letter of performance stating that “If the Plaintiff fails to pay the construction cost of KRW 700 million to the Defendant Company by July 3, 2012, the Plaintiff and the Defendant Company: (a) all the rights, such as ownership of the instant land, buildings under construction, and construction rights, are transferred to the Defendant Company or to the person designated by the Defendant Company; and (b) the Defendant Company, upon the receipt of the transfer from the Plaintiff, prepares an agreement that the Plaintiff shall pay KRW 900 million of the remaining price of the instant land, which was not paid by the Plaintiff to the Plaintiff Company or the transferee of the said authority on behalf of the Plaintiff (Evidence No. 12).”

Then, the Plaintiff and the Defendant Company completed the registration of ownership transfer on July 4, 2012 to the Defendant Company or the Defendant Company’s designated person, and transferred all rights related to the construction of the instant land’s ground officetels, and the Defendant Company sold officetels.