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(영문) 창원지방법원 2018.06.07 2015가합34901
매매대금
Text

1. Defendant B’s KRW 752,00,000 as well as 5% per annum from April 3, 2018 to June 7, 2018, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. A. D Co., Ltd. (hereinafter “D”) removed three-story buildings on the ground (hereinafter “the instant building”) of the three-story plot of land (hereinafter “instant plot of land”) in Gyeongnam-gun, Chungcheongnam-gun, Seoul (hereinafter “instant plot of land”) around January 201, and planned construction of F building on the instant plot of land (hereinafter “instant construction”).

B. At the end of January 201, G took over 50% of D’s equity interest in the instant construction implementation as a partner to the instant construction project. On September 20, 2011, G acquired 50% of D’s remaining equity interest in D’s implementation of the instant construction from D in KRW 160,000,000.

C. D purchased the instant land and the existing one story from B on January 24, 2011 to KRW 2,130,000,000 on the date of the contract, and paid KRW 100,000,000 on the date of the contract. G purchased the instant three stories of the existing building from Nonindicted 1 and one other on February 8, 2011 in the name of H.

G above b.

As stated in the foregoing paragraph, D accepted the instant construction from D, but as an individual qualification, agreed to undertake the instant construction in the name of D holding a construction business license due to the impossibility of performing the instant construction project, and subcontracted the instant construction project to J Co., Ltd. in the name of D on October 13, 201 in the price of KRW 3,050,000 (value-added tax separate).

E. On October 15, 201, G purchased 260.17 square meters of the existing building of this case from the Plaintiff on October 15, 201 in the name of D with the delegation of D representative director K, and purchased 1,200,000,000 square meters of the purchase price from the Plaintiff, D shall take over 90,000,000 won of the purchase price with respect to the Plaintiff’s loan obligation against the Plaintiff’s LA, a secured debt of the right to collateral security established on the second floor of the existing building of this case, and shall pay 50,000,000 won in cash, and the remainder of 1,00,000,000,000 won shall be paid as the commercial building of the second floor of the existing building of this case and two households of the apartment building of this case, which will be newly constructed.

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