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(영문) 서울중앙지방법원 2017.10.18 2017가단5107691

매매대금

Text

1. Defendant C Co., Ltd and Defendant D Co., Ltd. jointly and severally with the Plaintiff KRW 31,00,000,000 and the aforementioned amount on June 2, 2017.

Reasons

1. Facts of recognition;

A. Defendant D Co., Ltd. (hereinafter “D”) and Defendant C Co., Ltd. (hereinafter “C”) concluded a business agreement with the joint implementation of the business of constructing and selling “G” on the 7th and 9th floor above the Seoul Jongno-gu Seoul, Seoul, and the 12th floor above the ground level, around 2001. Defendant D provided the land owned by it as the above site for the commercial buildings, and Defendant C promoted a new construction and sales project by bearing the expenses for the new construction and sale of the commercial buildings, and the said Defendants agreed to guarantee the land and the commercial buildings of the commercial buildings to the Defendant KB real estate trust Co., Ltd. (hereinafter “KB trust”) and delegate their agency affairs accordingly.

B. On June 20, 2001, the debtor A (hereinafter referred to as the "A") set the 17th unit of the 6th floor of the G commercial building from the defendant C and the defendant D (hereinafter referred to as the "instant commercial building") as the sale price of KRW 2,020,840,00 (excluding value-added tax) and received the said sale contract (hereinafter referred to as the "sale contract in this case").

C. After Defendant C completed the construction of the G commercial building, the object of the instant sales contract (Seoul Jongno-gu Office No. 6-17 of G building No. 6-17 of the sixth floor in Jongno-gu), the registration of the preservation of ownership in the name of Defendant C was completed as the Seoul Central District Court’s registry No. 58572 of Nov. 15, 2004, and the registration of ownership transfer was completed under the name of Defendant C real estate trust as the receipt of No. 58573 of Nov. 15, 2004 as of Nov. 15, 2004 as of Nov. 15, 2004.

A failed to pay KRW 20,473,651 out of the sales price of the instant commercial building, and was unable to complete the registration of ownership transfer concerning the instant commercial building. However, the Seoul Central District Court filed an application for bankruptcy with the Seoul Central District Court Decision 2016Hadan2959, Jul. 2, 2016.