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(영문) 서울고등법원 2017.05.25 2016나2022750
약속어음금
Text

1. The judgment of the court of first instance is modified as follows.

The Defendants jointly do so to the Plaintiff and KRW 1,050,000,000.

Reasons

Basic Facts

On October 20, 2003, the Plaintiff completed the registration of transfer of ownership with respect to 20,022 square meters of Gyeonggi-gun H H Miscellaneous land (hereinafter “H land before division”). On August 17, 2004, the Plaintiff completed the registration of transfer of ownership with respect to the 330/20,022 shares of H land before the said division under the name of Company I (hereinafter “I”).

On the other hand, the H land prior to the said subdivision was divided into H and N orO on January 7, 2005 (including E miscellaneous land 1,742 square meters among them) and divided into 3,442 square meters as above. The P land divided on July 6, 2005 and became 3,188 square meters in F miscellaneous land.

On July 29, 2011, the Plaintiff entered into a sales contract with the Defendants for each of the instant E- miscellaneous land 1,742 square meters (hereinafter “instant land 1”) and 3,188 square meters of the said F miscellaneous land (hereinafter “instant land 2”). The Plaintiff sold each of the Plaintiff’s shares at KRW 2 billion among the instant land 1, 200,000,000,000,000,0000,000,000,0000,000,0000,000,000,000,000,000,000,000,000,000,000,

(hereinafter “instant sales contract.” On the same day, in light of the Defendants and Article 4 of the instant special agreement, the Plaintiff appears to have succeeded to the transfer of ownership to the Defendants by G, the actual operator of I, as the instant land.

In relation to the sales contract of this case, the following special terms were set out:

(hereinafter “instant Special Agreement”). Article 1(Sale Price; hereinafter the same shall apply), “A (the Plaintiff, the same shall apply),” “B (the Defendant; hereinafter the same shall apply)”, and “J (G; hereinafter the same shall apply)” of the Special Agreement on Real Estate Sales, shall sell the land of this case KRW 750,000,000,000 and the land of this case KRW 1.25,000,000,000,000.

Article 2 (Contract Deposit).

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