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(영문) 부산고등법원 2018.12.20 2018나53569
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. H Co., Ltd. (hereinafter “H”) (i) the developments leading up to and contents of the instant sales contract and the sales right compensation agreement.

[1] The Corporation is a joint housing construction project (hereinafter “instant project”) in Busan High Port in Busan High Port Co., Ltd.

(6) On July 6, 2016, the Defendants and each of the real estate listed in the separate sheet in the business site (hereinafter “each of the instant real estate”), including land and buildings, are “each of the instant real estate” and the building is “the instant building.”

(2) Of the instant building, the Defendants entered into a sales contract with Defendant F, who is operating “M” in the first floor J, K, and L on the same day, and entered into a sales contract with Defendant F, for the transfer and acquisition of pharmacy business rights. (2) The sales price under the said sales contract is a total of KRW 5 billion, and the first down payment is KRW 250 million until July 12, 2016, and the second down payment is KRW 250 million until August 30, 2016, and the second down payment is KRW 250 million until August 30, 2016, and the remainder is KRW 4.5 billion until April 30, 2017. H paid the Defendants the first and second down payment at the due date.

According to the above business license transfer and acquisition contract, the acquisition price is KRW 2.5 billion, and the first down payment is KRW 125 million until July 12, 2016, KRW 1250 million, KRW 250 million until August 30, 2016, and KRW 2.25 million remaining until April 30, 2017, H paid to Defendant F the total amount of KRW 1 and the second down payment.

3) On March 16, 2017, the Plaintiff succeeded to the status of the purchaser or transferee of H under the above sales contract and the contract for transfer and acquisition of business rights, and on March 16, 2017, the Defendants and the sales contract (Evidence A 1; hereinafter “instant sales contract”).

(A) prepare a business license compensation agreement with Defendant F (hereinafter “instant business license compensation agreement”)

4) The main contents of the instant sales contract were as follows, and the down payment was replaced by the down payment already paid by H.

Sales amount: 5 billion won (the value-added tax on a building is separate) sales amount.

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