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(영문) 서울고등법원 2013.10.17 2013나8344

양수금

Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 421,49,760 as well as to the Plaintiff from December 16, 201.

Reasons

1. Basic facts

A. On April 26, 2010, the Defendant entered into a sales contract between the Defendant and C with H, with H, as the introduction of H, share of 134/375 square meters in Pyeongtaek-si D. D. 86 square meters in land E, and land E, 375 square meters in land owned by C (hereinafter “instant one”).

2) B. B. 698,775,00 square meters, F 542 square meters of land (hereinafter “instant 2 land”)

1) The sales contract to purchase KRW 1,722,00,000 (hereinafter referred to as “instant one contract”)

Upon entering into a contract, any balance remaining after 242,07,50 won was paid within 90 days after the land transaction permission was granted, and the Defendant again concluded a contract for fixed terms after the land transaction permission. The Defendant paid C the down payment of KRW 242,07,50 on the same day. 2) After obtaining land transaction permission for the instant land on May 13, 2010, the Defendant and C concluded a new contract for the instant land on May 24, 2010 with the purchase price of KRW 1,72,00,000, and the remaining payment date of KRW 10,000 on September 13, 2010 (hereinafter “the instant land”). On July 9, 2010, the sales contract was concluded again with the Defendant for the purchase price of KRW 64,00 on the instant land (hereinafter “the instant land”). The remaining payment date of KRW 30,000,0000 on each of the instant land, 10,70106.7.

(In conclusion, the Defendant, and C, through the conclusion of the instant two contracts, did not increase the purchase price stipulated in the instant one contract, and did not include the instant three land in the subject-matter of sale. (3) However, C, May 24, 2010, as to each of the instant land, KRW 833,00,000, and the obligor.