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(영문) 서울고등법원 2017.07.07 2017나2000436
기타(금전)
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

Recognizing facts, the following facts do not conflict between the parties, or are recognized by comprehensively considering the overall purport of the pleadings as follows: Gap evidence 1, 2, 4 through 7, 11, 12 (including serial numbers; hereinafter the same shall apply), Eul evidence 1, 3 through 5, and 20.

[1] The Plaintiff is a corporation established on January 9, 2015 for the purpose of newly constructing and selling real estate.

Defendant C (hereinafter “Defendant C”) is a corporation established for the purpose of real estate development business, etc., and Defendant B is the father G’s representative director of the Defendant Company.

On January 23, 2015, the Plaintiff’s auditor F entered into a sales contract (hereinafter “instant contract”) with the Defendants, on behalf of the Plaintiff, to purchase each of the lands listed in the separate sheet (hereinafter “each of the instant lands”) from the Defendants, with a view to purchasing KRW 9 billion by omitting AJ Dong-dong in the Suwon-si Area and specifying the land below (hereinafter “instant contract”).

In addition, the Plaintiff paid the Defendants the sum of KRW 27 billion on January 27, 2015 and KRW 500 million on January 28, 2015.

Article 2 (Time and Method of Payment of Purchase Price) At the time of the contract, KRW 50 million for the down payment, KRW 2 billion for the first intermediate payment within four months after the payment of the down payment, KRW 3 billion for the second intermediate payment within four months after the payment of the first intermediate payment, and KRW 3.5 billion for the remainder within four months after the second intermediate payment.

Article 3 (Transfer and Names of Ownership) (1) The Defendants shall deliver all the documents required for the transfer of ownership of the real estate traded to a trust company designated by the Plaintiff, along with the transfer of ownership of the real estate sold, to the Plaintiff or to a certified judicial scrivener designated by the Plaintiff.

Article 4 (Extinction of Restricted Real Rights, etc.) The Defendants shall remove the defects and burdens of their rights to the Plaintiff before the intermediate payment is completed, where there are grounds to restrict the exercise of ownership, such as mortgage, superficies, and right of lease established on the instant real estate.

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