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(영문) 서울고등법원 2016.04.15 2015나2002049
추심금
Text

1. Of the judgment of the court of first instance, KRW 137,500,00 against the Plaintiff and the Plaintiff’s objection thereto from March 14, 2014 to April 15, 2016.

Reasons

1. Basic facts

A. On May 16, 2007, the Defendant entered into a contract for construction works equivalent to KRW 883,300,000 with respect to the civil engineering works to construct a factory site as a factory site, which is owned by the Defendant, with a limited liability company J (hereinafter referred to as the “J”) which is the representative director, and the J completed the construction works around December 30, 207.

B. The Defendant and B agreed on February 11, 2010 regarding the development of the attached list land, and the main contents are as follows:

(hereinafter “Agreement on February 11, 2010”). Article 2(1)(B) of the same Act provides that “B shall state and guarantee the following matters.” On January 1, 201, B succeeds to the C status of the agreement entered into on May 23, 2007 (hereinafter “instant agreement”) between the Defendant and C in order to develop the land listed in paragraph (1) of the attached Table (hereinafter “instant land”) as a factory site, and jointly develop the land listed in paragraph (2) of the same Table (hereinafter “development completion land”) with the Defendant as the factory site by the date of the conclusion of this agreement, and the land listed in paragraph (3) of the same Table (hereinafter “land subject to development”) also jointly develop the land as the factory site according to the conditions prescribed by this agreement.

2. The Defendant sold the land development completion to the actual user, and the balance of the purchase price has not yet been paid, but there is no additional cost for the Defendant in addition to the expenses stipulated in this Agreement regarding the development project of the land development completion.

3. The amount to be paid to B is KRW 850,00,000,00 which shall be paid to B as the sale profit distribution amount of the land after development was agreed upon by the Defendant and B. Since the Defendant first paid KRW 370,00,000,000 in the development cost of the land after development was to be borne by B, the amount to be paid by the Defendant to B is the remainder of KRW 480,00,

4.B shall be 50% of the development charges imposed on the land the development of which is completed under his responsibility.

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