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(영문) 서울고등법원 2017.09.01 2016나2086341
추심금
Text

1. All appeals filed by the plaintiff co-litigants are dismissed.

2. The costs of appeal shall be borne by the intervenor of the plaintiff co-litigation.

Reasons

1. The reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, it is cited by the main sentence of Article 420 of the Civil Procedure Act

However, among the reasons for the judgment of the first instance court in paragraph (2), some of the reasons for the judgment of the first instance shall be deleted or added, and in paragraph (3), the judgment on the argument that the intervenor emphasizes again shall be added

2. The 3 pages 17 of the first instance court's decision to read " February 3, 2015" as " February 23, 2015."

On December 2, 2011, the term “the related land transfer proceeds received by the Defendant” in the 4th 11th 12th 1th 12 of the judgment of the first instance court shall be read as “the purchase balance to be paid by the Defendant by selling and receiving each share of the land related to the transfer development of the company, the company, etc. on December 2, 201.”

Each "1,582,285,730 won" shall be changed to "1,160,437,670 won" in 6th and 7th and 15th of the judgment of the first instance.

The following shall be added to 7 pages 18 of the first instance judgment:

According to the evidence evidence evidence Nos. 6, 5, and 127, the Defendants entered into a sales contract with the content of selling the land related to the land development at KRW 27.5 billion on December 2, 2011, and the down payment amount of KRW 300 million on December 2, 2011 (hereinafter “the down payment in this case”), and the intermediate payment of KRW 18.95 billion on February 28, 2012 (hereinafter “the intermediate payment in this case”), respectively, received the Defendants’ payment of the remainder of KRW 27.5 billion on September 21, 2012, plus the balance of the management-type land trust contract with the land related to the Asian trust; the Defendants’ payment of the remainder of KRW 27.5 billion on the same day under the trust contract with the Defendants at KRW 27.5 billion on the same date; and the Defendants’ payment of the remainder of KRW 30.5 billion on December 25, 2012, respectively.

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