(영문) 대구지방법원 2015.09.24 2014가합203711

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(영문) 대구지방법원 2015.09.24 2014가합203711

용역비

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Nonparty C’s representative director of Nonparty D Co., Ltd., Ltd., the Defendant and Nonparty C, as well as 13 lots ( approximately 4,494 square meters, hereinafter “instant land”).

(2) The Defendant and C concluded a contract with the Defendant on January 14, 2009, including delivering the same content to the Defendant, who is the owner of the instant land. The Defendant and C entered into a trade agreement with respect to the instant land (hereinafter “instant trade agreement”). According to the instant trade agreement, the total sale price of the instant land shall be KRW 3 billion, and the value of the instant land shall be KRW 1297,000,000,000, and the remainder shall be paid at the time of the transfer of ownership, and the remainder shall be paid at the time of the completion of the building.

3) The instant sales agreement was concluded in the form of an agreement different from the general real estate sales agreement by which C is not obliged to secure funds to purchase the land, and C was engaged in the business of constructing a building on the ground of the instant land at its own responsibility and cost. However, for securing the purchase price, C, the owner of the instant land, who is the owner of the building, is the defendant, and the period of authorization and permission for construction was set as February 28, 2009, and C, after the subdivision of the land and the authorization and permission of the building, agreed to pay the purchase price and transfer the ownership. 4) The main contents of the instant sales agreement are as follows.

The agreement on the business of the sale and purchase of real estate between the seller and the defendant (B) shall be the seller of the real estate, Article C, the scope of the real estate transaction subject to Article 1, Article C, and the area shall be 4,494 square meters (excluding the area designated as a park site): First, one complex (1,297.12 square meters) out of the 4,494 square meters shall be sold and purchased.

except that 2, 2.

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