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(영문) 부산고등법원 2012.12.04 2012나2156

구상금 등

Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The defendant is a company established on December 20, 198 for the purpose of the business of manufacturing and selling beer plate, the business of manufacturing and selling non-satis plate, and the business of processing and selling timber. The plaintiff is a company established on May 27, 2002 for the purpose of civil engineering construction business, construction construction business, housing construction business, etc.

B. 1) On June 10, 2005, the Plaintiff concluded a sales contract with the Defendant on June 10, 2005 to purchase a total of KRW 11635.1m2, a total of KRW 11635m2,000,000,000,000 for KRW 9.5m2,000,000 for the purchase price (hereinafter “instant sales contract”).

A) Around that time, each of the above lands was transferred from the Defendant after full payment of the purchase price, and completed the registration of ownership transfer with respect to each of the above lands on November 30 of the same year. 2) On July 4, 2006, each of the above lands was combined with B B, 305.8 square meters on November 24, 2006, and D, 3305.8 square meters, E, 1652.9 square meters, F, 1652.9 square meters, and G, 1717.7 square meters, respectively. < Amended by Act No. 8175, Nov. 24, 2006; Act No. 16529, Jan. 18, 2007; Act No. 16529, Feb. 9, 1652; Act No. 17175, Jul. 25, 2017>

(B) B, which is a land finally divided as above, B, 305.8 square meters, D, 3305.8 square meters, E, 5023.5 square meters (hereinafter “each of the instant lands”). 3) On April 25, 2008, the Plaintiff is a project site of this case, which includes each of the instant lands, B, 14,573 square meters (hereinafter “instant project site”).

The Korea Land and Housing Corporation (Korea Land and Housing Corporation), which is a project implementer for the national rental housing construction project plan for Busan trigrams and districts, comprehensively succeeded to the rights and obligations of the former Korea Land and Housing Corporation and the Korea Land and Housing Corporation under the Korea Land and Housing Corporation Act on October 1, 209, and hereinafter referred

As to each of the instant lands, the sales contract was concluded by setting the sales amount of KRW 15.99 billion, KRW 30,391,070, and KRW 95,703,310 on each of the instant lands, and the Korea Land and Housing Corporation concluded the sales contract on the same day.