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(영문) 수원지방법원 2015.08.19 2014나48061
매매대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On October 11, 201, the Defendant remitted KRW 30,000,000 to the Plaintiff as a passbook in the name of C, ASEAN, the Plaintiff.

B. The Plaintiff and D’s name of construction project: The total construction cost of KRW 108 E-building 108 (Chho Lake, steel miscellaneous construction): 265,00,000 (excluding value-added tax), intermediate payment, and payment method of remainder of E-building 108, 202, and 140,000,000 per household of KRW 302, 302, and total amount of KRW 280,00,000 for each household of KRW 302: The purchase price of the substitute received from this construction shall be the Plaintiff at the time of sale.

On October 30, 2011, the Plaintiff entered into a contract with D to accept construction works (hereinafter “instant subcontract”).

C. The Defendant remitted the Plaintiff to the Plaintiff’s passbook C, the Plaintiff’s children, as follows.

1) On November 2, 201, 201, KRW 20,000,000) 20,000 on November 2, 2011, 2011, KRW 4,20,000 on November 24, 2011) KRW 5,200,000 on December 1, 2011, 2011, KRW 5,000 on December 16, 2011, KRW 6,000 on December 25, 2011, KRW 20,000,000 on December 25, 201, KRW 7)

D. The Defendant paid the Plaintiff KRW 6,000,000 in cash.

E. On February 27, 2012, the Defendant drafted a sales contract setting forth KRW 140,00,000 with respect to the above E-building No. 108 Dong 202 (hereinafter “instant building”) scheduled to be newly constructed between D and F on February 27, 2012, and stipulated the following special terms.

The Defendant has all the rights, including the receipt of the purchase price, to a third party at the time of sale or sale.

In this case, 202 No. 202 is the plaintiff's joint and several liability when the plaintiff suffered defects as a substitute for the constructor.

(F) The Plaintiff’s signature) Nos. 202 and 302 of the instant E-building (hereinafter “instant Nos. 302”).

On October 4, 2012, the registration of ownership preservation was made in the F future on October 4, 2012. 2) On June 28, 2013, the Defendant’s name as to the instant 202.

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