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(영문) 대구고등법원 2015.04.22 2014나2854
손해배상(기)등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The following facts are either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, 3, 5, 8, 9, Eul evidence Nos. 1, 2, and 3 (including branch numbers where no special indication is made; hereinafter the same shall apply), the national bank of the court of first instance, the Industrial Bank of Korea, Daegu Bank, and the Korea Federation of Banks; the result of each order issued by the court of first instance to submit financial information to the Korean Federation of Banks; the result of the appraisal by the appraiser E of the first instance trial; and there is no counter-proof.

The Plaintiff is a person engaged in mechanical parts manufacturing business, etc. with the trade name of “D,” and was not paid KRW 45 million for processing costs to C (hereinafter “C”) from September 2009 to January 20, 2013 (the representative is J, and the location of the head office is Daegu Seo-gu M).

B. On April 1, 2013, C entered into a factory sale agreement with the Defendant, each of the real estate listed in the separate sheet owned by C (hereinafter “each of the instant real estate”) and each of the real estate listed in the separate sheet owned by C (hereinafter “each of the instant real estate”) and the sales price of KRW 2,050,000,000,000 in total for the water supply facilities (hereinafter “instant sales agreement”). The said sales price shall be KRW 1,00,000 as the down payment on the date of the contract, and KRW 1,50,000,000 as the remainder without intermediate payment on April 5, 2013, and the delivery of the subject matter of the sale is determined as the delivery of documents necessary for the registration of real estate ownership transfer at the same time as the sales price balance.

C. C, on April 2, 2013, received KRW 100 million from the Defendant, entered into a promise to sell real estate (hereinafter “instant promise”) with the Defendant as the same content as the instant sales contract, and on the same day, completed the registration of the Defendant’s right to claim transfer of ownership on the instant real estate based on the said promise to sell.

C On April 5, 2013, in order to receive a balance of KRW 1.95 billion from the Defendant, the Defendant completed the registration of ownership transfer under the name of the Defendant according to the instant sales contract.

E. The instant case.

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