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(영문) 부산지방법원 동부지원 2017.01.18 2015가단217210
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 18, 2006, the Hansung Construction Co., Ltd. (hereinafter “Korea UBE”) concluded a sales contract to purchase each real estate listed in the separate sheet (hereinafter “instant real estate”) with the Ilsung Construction Co., Ltd. (hereinafter “Dasung Construction”) for KRW 20.5 billion, and paid the down payment of KRW 2 billion on the date of the contract to Ilsung Construction.

(hereinafter “instant sales contract”). However, the instant sales contract was cancelled on March 1, 2007 due to the delay in the payment of the remainder by Han Han-Belgium.

B. On July 26, 2007, the Defendant purchased the instant real estate from Ilsung Construction to KRW 18.45 billion (the purchase price of KRW 20.5 billion from KRW 20.5 billion from KRW 20.5 billion). On May 22, 2009, the Defendant agreed to pay KRW 1,909,285,648 (hereinafter “instant agreement”) excluding value-added tax from KRW 2 billion, which was the down payment confiscated by Hansung Construction, to Hansung Construction’s 1,909,285,648 (hereinafter “instant agreement”).

(hereinafter referred to as “instant undertaking”). C.

On the other hand, on July 25, 2007, the defendant entered into a joint project agreement with Sodsan C&C Co., Ltd. (hereinafter “C&C”) (hereinafter “instant project agreement”), and the contents thereof are as follows.

The contents of the business: The location of the business for purchase and sale of buildings and appurtenant land in Busan-dong J4, Busan-dong: Article 2 (Indication of Real Estate): 5-6, Busan-dong, Busan-dong, 55-6, and 8, the area of the above-ground commercial buildings (sales facilities:B1-4F) and underground parking lots (exclusive:B2-24): 48,129.129.8563m2: The total area of the above-ground commercial buildings and the above-ground parking lots (exclusive:B2-24): 48,360,971,530m2: Land value: 12,8018,207,70, value of the building; additional taxes; 12,207,70,820,70, total purchase price of the real estate; and 18,450,000,000,000 won in total after purchase and transfer registration under the name of the Plaintiff.

§ 4.

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