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(영문) 수원지방법원성남지원 2016.09.22 2015가합205686
매매대금청구 등
Text

1. The Defendant’s KRW 574,00,000 and the Plaintiff’s annual rate of KRW 5% from July 1, 2008 to September 16, 2015.

Reasons

1. Facts of recognition;

A. 1) E&C Co., Ltd. (hereinafter “ E&C”).

(C) On March 19, 2008, the term “instant housing construction project” (hereinafter referred to as “instant housing construction project”) means a joint housing construction project for Ilsung City Co., Ltd.

2) For the enforcement of this paragraph, the Plaintiff and the Plaintiff’s land and the building on the ground owned by the Plaintiff (hereinafter “instant real estate”).

2) The sales contract to purchase the purchase price of KRW 820 million (hereinafter “instant sales contract”)

(2) On March 20, 2008, L&C paid an intermediate payment of KRW 246,00,000 to the Plaintiff on March 20, 2008, but did not pay the remainder of KRW 574,00,000 to the Plaintiff.

B. On March 20, 2008, on the trust registration of the instant real estate, the Plaintiff, one asset trust (the trade name before the modification: Daol Real Estate Trust; hereinafter “Ice Asset Trust”) and I&C entered into a real estate management trust agreement with respect to the instant real estate as the priority beneficiary, and this No&C was designated as the debtor and beneficiary, respectively. On March 21, 2008, the ownership transfer registration on the instant real estate was completed due to the trust in the name of one asset trust.

C. On May 1, 2008, the Plaintiff purchased from E the purchase price of KRW 510,000,000 from E for the construction of a new factory site after the instant sales contract. 2) The Plaintiff and E&C purchased from E for the purchase of KRW 510,000,000 from E for the construction of a new factory site. On October 22, 2008, the Plaintiff and E&C bear all the losses and litigation costs incurred to the Plaintiff due to the nonperformance of the remainder payment under the instant sales contract of E&C as follows.

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