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(영문) 광주지방법원 2018.11.29 2017가합57580

매매대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (1) The Plaintiff is a company established on December 19, 2013 with the purpose of real estate development and supply business, real estate leasing business, etc., and the name of the apartment as of the “D apartment” of 98 households on the ground of the 4 lots outside the former Chang-gun, Chang-gun, Seoul (hereinafter “instant land”).

A project to newly build multi-family housing (hereinafter “instant multi-family housing”) (hereinafter “instant new construction project”) was implemented.

(2) Although the construction of the instant multi-family housing construction project began on December 1, 2014, it is the F Plaintiff’s spouse in de facto marital marriage with H’s representative director, who actually operated the Plaintiff and the instant construction company E, a limited liability company, etc. on July 31, 2015.

It is bound by the charge of occupational breach of trust, and its enforcement was suspended while the above execution company closes its business.

B. On December 23, 2015, the Plaintiff and the Defendant entered into a contract with the Defendant to transfer the instant land, buildings not registered on the ground (hereinafter referred to as “instant real estate”) and all of the business rights, such as the project implementation rights regarding the instant collective housing (hereinafter referred to as “instant real estate, etc.”) to the Defendant, 6,45,900,000 won (hereinafter referred to as “instant land: 3,000,000 won for the instant land, buildings not registered on the ground: 3,40,000,000 won for the instant land: 5,90,000,000 won for the instant real estate, and the sales contract concerning the instant real estate was additionally prepared and attached to the instant contract; hereinafter referred to as “the instant sales contract”).

In lieu of the payment of the acquisition price, the Plaintiff decided to take over the obligation equivalent to the acquisition price (hereinafter referred to as “instant obligation”) for the purchaser, constructor, financial institution, etc. of multi-family housing in relation to the instant new apartment construction business.

In this case.