logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.01.20 2016나8758
분양대금반환 등
Text

1. In accordance with the changed claim at the trial, the Defendants jointly share KRW 220,000,000 with respect to the Plaintiff.

Reasons

1. The following facts can be acknowledged in full view of the statements in Gap's facts Nos. 1 through 4, 6, 8 through 14, 16, Eul's evidence No. 10, and Eul's witness G's testimony and the whole purport of the whole pleadings. Eul's statements in Nos. 1 through 6, and 11 and the remaining testimony in the above G are insufficient to reverse the above recognition, and there is no other counter-proof.

The Defendant B-building housing association (hereinafter referred to as the “Defendant association”) is the reconstruction housing association established to remove existing houses within the Incheon Gyeyang-gu and D ground B complex and to construct new apartment and commercial buildings with the size of the second and fifteen stories above ground (hereinafter referred to as the “instant building”).

B. Around 2002, the Defendant Mutual Aid Association entered into an implementation construction contract with the Asia Industrial Development Co., Ltd. for the said reconstruction project, but the said company terminated the contract as it was in default and ceased construction during the Do. On March 1, 2006, the Defendant Mutual Aid Association entered into an implementation construction contract for the reconstruction project with the Defendant Mutual Aid Corporation (hereinafter “Defendant Company”).

C. On March 21, 2003, the Plaintiff lent KRW 120,000,000 as the construction price to the said Asia Industrial Development Corporation. As the Defendant Company entrusted the reconstruction construction as above, the Defendant Company assumed the above loan obligations. On January 16, 2007, the Plaintiff also lent KRW 80,000,000 to the Defendant Company as the construction price.

Since then, when the defendant company failed to pay the plaintiff the above total amount of KRW 200,000,000, the defendant company agreed with the plaintiff, and the defendant company formed a sales contract with the plaintiff as of May 15, 2007 at the time of selling the first floor among the apartment and commercial buildings of this case, which correspond to the defendant company in lieu of the payment of the construction price, to the plaintiff as the payment of the construction price, and the above KRW 200,000,000 was paid as the sales price.

E. The above sales contract shall be executed by the defendant company.

arrow