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(영문) 서울고등법원 2016.05.27 2015나2036677
매매대금반환
Text

1. Of the judgment of the court of first instance, the part against the above Defendants as to the conjunctive claim against Defendant B and D.

Reasons

1. Claims against Defendant A, and C

(a) Each of the following facts is not disputed between the Parties, or acknowledged by comprehensively taking account of the overall purport of the pleadings in Gap evidence Nos. 1 through 7, 9 (including, if any, the identification number; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, Eul evidence Nos. 3, 6, 7, 8, 10, and 11:

1) Defendant A Co., Ltd (hereinafter “Defendant A”)

Defendant B (hereinafter “Defendant B”) is a company engaged in general construction, construction, etc.

Defendant A and B (hereinafter referred to as the above Defendants) are companies running the housing construction business, etc.

) On July 25, 2007, Co., Ltd., Co., Ltd. (hereinafter referred to as “Coida”).

2) From the point of view, the Plaintiff’s land number G and H lot totaling 646 square meters (hereinafter “instant land”) on the plan to divide the F-day land in the E urban development project zone, which is promoted by the Corrador in the E urban development project zone.

(2) On August 8, 2007, the Plaintiff entered into a sales contract with the Defendant Company to be supplied with KRW 2,251,956,000 (hereinafter “quasi-residential land supply contract”). On August 16, 2007, the Plaintiff purchased the instant land from the Defendant Company for KRW 4 billion, but the intermediate payment of KRW 1.2 billion was concluded, and the intermediate payment of KRW 1.2 billion was concluded on August 16, 2007 and August 30, 2007, respectively, to be paid for each of the KRW 600 million at the time of land use (hereinafter “instant sales contract”).

In addition, the sales contract of this case is signed and sealed by the defendant C and D as a joint guarantor of the defendant company, the seller.

3) According to the instant sales contract, the Plaintiff paid 40 million won as the down payment on August 8, 2007 to Defendant C, representing the seller, as the down payment on August 16, 2007, KRW 600 million as the first intermediate payment on August 16, 2007, and KRW 600 million as the second intermediate payment on August 30, 2007. (4) Defendant C completed the registration of ownership transfer on November 25, 2009 of the instant land in the name of Defendant C and its wife, and the instant land on August 27, 200.

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