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(영문) 광주지방법원 2017.11.29 2017나2232
매매대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. D, while operating a stock company, was running a new apartment construction project on the ground, such as Jeonnam-gun E and K land, in collaboration with Dong name Construction Co., Ltd. (hereinafter “Dong name Construction”) due to financial difficulties.

B. On May 30, 2014, Dong name Construction completed the registration of ownership transfer (the cause of registration: the trust as of June 3, 2014) with respect to one asset trust company on June 11, 2014, after completing the registration of ownership transfer for the apartment completed pursuant to the above project (hereinafter referred to as “L apartment”).

The above amount shall be paid not later than December 31, 2014, in the Won 180,000,000.

However, the above contents shall not be asked.

except that if payment is not made on the above date, the interest of 20% per month shall be paid.

C. The Defendant, with respect to the said new apartment construction project, lent to D more than KRW 600 million from August 2012 to May 2014, but did not receive the said loan from D.

Accordingly, on July 4, 2014, the Defendant received a letter of payment from D as follows.

On July 15, 2014, the defendant was ordered to construct Dong name Construction.

L Apartment 102, 202, 203, 402, 403, and 404 on the ground that the trust, such as paragraph (1), is a private trust, was subject to a provisional disposition of prohibition of disposal (Gwanju District Court 2014Kahap445).

E. On July 16, 2014, the Plaintiff drafted a sales contract (total supply amount: KRW 173,620,000, down payment KRW 17,362,000, intermediate payment and remainder payment) with respect to Dong name Construction and L Apartment 102,301 (hereinafter “instant apartment”).

F. On August 12, 2014, the Defendant (B) and the Defendant’s wife F (B) and Dong name Construction (B) drafted a written agreement with the following contents.

The defendant is in accordance with the above agreement.

The provisional disposition of entry in the port was withdrawn, and the ownership of L apartment 9 households and the ownership of 223 square meters prior to H in Yong-gun, Jeonnam-gun, Jeonnam-gun was transferred from Dong name Construction.

1. (Tropical Performance) C. G apartment units in Young-do, Jeonnam-do, 101, 401, 402, 102, Dong.

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