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(영문) 서울고등법원 2014.11.19 2013나48236

양수금

Text

1. Revocation of a judgment of the first instance;

2. The Defendant: (a) on September 1, 2010, to the Intervenor succeeding to the Plaintiff, KRW 330,000,000; and (b) on such matters.

Reasons

1. Basic facts

A. On August 10, 2005, the Plaintiff purchased a building with a size of 1,304 square meters and its ground (hereinafter referred to as “instant land”) from Seongbuk-gu Seoul, Seongbuk-gu, Seoul, for KRW 5.5 billion (hereinafter referred to as “instant land,” including the land and buildings, and collectively referred to as “instant land, etc.”), paid the down payment amount of KRW 330 million to the Cridge, and did not pay the intermediate payment.

B. On September 26, 2005, the Diplomatic Association sold the instant land, etc. in sequence to the Defendant on October 26, 2005, and accordingly, the ownership transfer registration in the name of the G Educational Association and the ownership transfer registration in the name of the Defendant was completed.

The C Educational Association and the G Educational Association and the Defendant agreed to pay the purchase price directly to C Educational Association.

After the Defendant removed the existing building on the instant land, the Defendant newly built the “H” building for the purpose of use, such as the three underground floors, six above ground floors, and neighborhood living facilities.

C. The Plaintiff filed a lawsuit against the Defendant and Cridge, etc. for the registration of ownership cancellation against the Suwon District Court, Sungwon-nam Branch of 2008Gahap6157, and filed a claim for the registration of ownership transfer in the Plaintiff’s future with respect to the instant land, and filed a preliminary claim for the payment of KRW 330 million in total, KRW 30 million in advance, and KRW 330 million in total, and KRW 660 million in delay, as well as delay damages. The Defendant primarily filed a claim with respect to the registration of ownership transfer that was completed in the name of the Defendant for the registration of ownership transfer, and as a preliminary claim for the payment of KRW 660 million in lieu of the remainder of the sale to be paid by Cridge, and as a priority claim for the payment of the delay damages.

In the above case, on June 11, 2009, the C Educational Council paid a down payment of KRW 330 million to the Plaintiff.