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(영문) 서울고등법원 2020.11.12 2020나2008461
양수금
Text

1. Of the judgment of the court of first instance, the plaintiff against the defendant H, I, J, andO equivalent to the amount ordered to be paid below.

Reasons

1. The reasoning for the court’s explanation as to this part of the underlying facts is as follows, except for the cases where part of the facts are rewritten or deleted as follows, and the part of “1. Basic Facts” to No. 12 is the same as the part of “1. Basic Facts” to No. 12 under the table No. 11 through No. 17 of the judgment of the first instance.

[Supplementary or deleted parts] Defendant B, C, D, E, and F are general buyers, and Defendant D is a general buyer, and “Defendant D is a general buyer,” and “the general buyer,” in Section 16, 17 of the judgment of the court of first instance.

Section 12 of the first instance judgment “N” shall be deleted.

On the 16th page of the judgment of the first instance, the 3rd X apartment "B" (hereinafter referred to as the "the apartment of this case") shall be built in the mix apartment of this case.

In the judgment of the court of first instance, the apartment sold in lots to Defendant Da was completed for the general buyers of conduct Nos. 8 through 10 under the table No. 17 of the judgment of the court of first instance, and the apartment sold in lots to Defendant D was completed on February 12, 2018, and the ownership transfer registration was completed in Defendant D’s name on February 26, 2018.

2. Summary of the parties' arguments

A. The gist of the Plaintiff’s assertion 1) The Plaintiff’s claim against Defendant D transferred to the Plaintiff any balance and late payment charge claim against Defendant D with the Plaintiff. Defendant D consented to the said assignment of claims in accordance with the provision on the assignment of claims specified in the supply contract between Defendant D and the partnership. As Defendant D did not pay the balance of 303,000,000 won, the Plaintiff is obligated to pay the remainder of the sale to the Plaintiff and the late payment charge for the remainder of 303,00,000 won. (2) The Plaintiff’s claim against the buyer of the Defendant’s association on the claim for the payment of the remainder, the remainder of the share to the buyer of the Defendant’s association, the extension of balcony, the remainder of the share to the buyer of the Defendant’s association, the payment of the expenses for the extension of balcony, and the first claim for the payment of the payment of the expenses for the extension of balcony.

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