(영문) 서울고등법원 2019.02.12 2018나2020703

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(영문) 서울고등법원 2019.02.12 2018나2020703

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The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. Basic facts

A. The Defendant is a foundation that is a foundation whose establishment, sale, operation and management of the charnel facilities are intended business, and was established on March 28, 2003 by using each real estate, etc. listed in the separate sheet (hereinafter “each real estate of this case”) as its basic property.

The term "A (Defendant and C)" and "B (Plaintiff)" agree with respect to the A-B Park Project (hereinafter referred to as the "Purpose Project") as follows:

1.All agreements to be made out by mutual agreement shall be null and void from all such terms as the validity, incidental effects, and the provisions and terms of the separate agreement from the date of the preparation and signature of this agreement, which shall be the reversal of the existing prior agreement.

2. The implementation of the intended project shall be carried out entirely with the intention of “A” and, upon the request of “B” due to additional problems, “B” must cooperate with the highest extent.

3. As the objective project is conducted, “A” shall pay “B” a total of KRW 3.19 billion.

4. In proceeding with the intended project, the expenses and responsibilities associated with the relocation and relocation of obstacles to the location and other removals shall be against “B”.

5.The payment of the price under Article III shall be carried out as follows:

The "A" shall pay the preferential payment of KRW 20 million in preference to the payment of the price for sale in lots at the time of the completion of the documents of incorporation to the "B", and the expenses related to the monthly fixed amount of living which is subsidized for the period until the payment of the first payment is made at the time of full-time employment of the corporate office shall be deducted and settled at the time of the third payment.

(1) 10% of the amount paid - 15% of the total amount paid (478,50,000 won) - (2) of the second payment - 50% of the total amount paid - at the time of sale - 45% of the total amount paid (1,435,50,000 won) (3) of the third payment - at the time of collection - 40% of the total amount paid (1,256,00,000 won)

6. “B” shall carry out its duties as a defendant’s standing director until “A” completes the payment of the consideration under Article 5.

유사 판례

-수원지방법원 여주지원 2018.03.28 2017가합5418

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-수원지방법원 2019.05.08 2017가합25812

-대구지방법원 2017.01.13 2015가합200405

-수원지방법원여주지원 2019.05.15 2018가단50630