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(영문) 서울고등법원 2016.07.05 2015나12989

공사대금

Text

1. Of the judgment of the first instance, the part concerning Defendant A and Defendant C shall be revoked, and the Plaintiff’s primary part against Defendant A and Defendant C.

Reasons

1. Basic facts

A. On August 7, 2013, the Plaintiff was awarded a contract with F Co., Ltd. (hereinafter “F”) for the new construction work of “E building”, a neighborhood living facility of the second and fourth floor above ground (hereinafter “instant building”) at KRW 8,50,625,00, and completed the construction work around May 2014, and on June 13, 2014, the approval for use of the instant building was granted.

B. Among F and the Defendants, each of the real estate listed in the separate sheet among the instant buildings (hereinafter “each of the instant commercial buildings”) was concluded on June 23, 2014 with respect to the real estate listed in the separate sheet No. 110, the real estate listed in the separate sheet No. 1110, the real estate listed in paragraph 2, and paragraph 3, the real estate listed in the separate sheet No. 1111, and the real estate stated in paragraph 3, respectively, as follows:

The seller of the commercial building of this case under the conditions for the payment of the parcelling-out price by the sectional seller: The seller of the commercial building of this case: The amount of KRW 425,660,000 for the down payment of KRW 85,132,00 for the remainder of KRW 340,528,00 for the contract and the remainder of KRW 340,528,000 for the sales price: Defendant B 425,660,00 for the sales price: The remainder of KRW 85,132,00 for the contract and the remainder of KRW 340,528,00 for the sales price of this case on the designated date: the buyer of the commercial building of this case: the F buyer: Defendant C 446,940,00 for the down payment of KRW 85,388,00 for the remainder of the contract, and the remainder of KRW 357,500 for the sales price on the designated date.

C. On June 25, 2014, the registration of ownership transfer for each of the instant commercial buildings was completed in the name of the Defendants on the grounds of each of the sales contracts dated June 23, 2014 (hereinafter “each of the instant commercial buildings”), and thereafter the registration of ownership transfer was completed in each of the following contents.

The nominal owner No. 43295, Jun. 25, 2014, which was received on June 25, 2014 by the High Government District Court No. 110, the registration of the right to collateral security (right to collateral security) for the registration of the right to collateral security (right to collateral security): Defendant A’s obligor No. 49192, Jul. 16, 2014: National Bank of Korea.