(영문) 대구고등법원 2017.05.12 2015나23728

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(영문) 대구고등법원 2017.05.12 2015나23728

용역비

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1. Of the judgment of the first instance court, the part against the plaintiff corresponding to the cited part of the plaintiff's claim shall be revoked.

The defendant.

Reasons

1. Basic facts

A. Upon entering into a real estate sales contract, D Co., Ltd. (the representative director is C; hereinafter referred to as “Nonindicted Company”) entered into a contract with the Defendant on January 14, 2009, under the title “Agreement on the Business of Real Estate Purchase and Sale” (excluding the area designated as the site of this case) owned by the Defendant, the non-party company entered into a contract with the Defendant for the purchase of approximately KRW 494 square meters in total (hereinafter referred to as “instant contract”).

(B) According to the sales contract of this case, ① the land subject to the sale of this case is divided into four complexes; ② the non-party company purchased the first complex (1,297.12 square meters) among the sale subject (4,494 square meters) in the purchase price of this case in KRW 1.3 billion (the contract amount shall be paid at the time of the transfer of ownership, and the balance shall be paid at the time of the completion of the construction of the building), and the purchase price for the two complexes and three complexes shall be paid after the completion of the building on the first complex. ③ The non-party company newly constructed the building at its own expense, but the non-party company as the owner of this case was the defendant and agreed that the non-party company would receive the transfer of ownership by paying the purchase price.

The main contents are as follows:

The agreement on the business of the sale of real estate between the seller and the buyer of the non-party company shall be the area of the non-party company's land and the non-party company's E in Daegu Metropolitan City: 4,494 (excluding the area designated as a park site). The area shall be sold at 4,494 square meters (excluding the area designated as a park site), and one complex (1,297.12 square meters) out of 4

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