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(영문) 서울고등법원 2016.01.14 2015나2009941

약정금

Text

1. Ordering the payment under the following among the parts of the judgment of the court of first instance against Defendant No. 1 Co., Ltd.

Reasons

1. Basic facts

A. The party status 1) Defendant Authorized Development Co., Ltd. (hereinafter “Defendant Authorized Development”)

2) The apartment unit Ngu, Suwon-si, Suwon-si (hereinafter referred to as the “instant apartment unit”).

(1) A trust with the Defendant in Rose of Sharon Co., Ltd. (hereinafter referred to as “Defendant in Rose of Sharon”) is the truster of the site and the truster of the site.

) The trustee is Hyundai MCo Co., Ltd. (hereinafter referred to as “NMco”).

(2) On April 8, 2014, Defendant Hyundai Engineering Co., Ltd. (hereinafter “Defendant Hyundai Engineering”) merged Hyundai Co., Ltd. (hereinafter “Defendant Hyundai Engineering”), as the contractor of the instant apartment.

B. 1) The Plaintiffs concluded each apartment sales contract of this case with the price of KRW 285,060,000 for each apartment unit as listed below, and each of the apartment units of this case was sold in lots as listed below, and as the supplier of the Defendant Luxembourg trust, the Defendant’s right development was the truster of the Defendant’s right development, and as the truster of the Defendant’s right development as the contractor for the construction work at the time of the merger

3. Certificate 10 1. 2, 20 m. 2 (No. 31, 201) of 101 m. 803 m. (84. 903m.) on October 31, 2012 (No. 31, 2012) 2 B B, 103 m. (No. 31, 2012) on October 31, 2012, 3 C 101 Dong 104 (No. 31, 2012) on the contractual terms of 20. 20 m. 13. 20 m. 201. 20 m. 201. 3m. (No. 201. 3m. 26. 208m.) on October 8, 2012