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(영문) 서울고등법원 2015.09.18 2015나2002278
분양대금반환 등
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

Basic Facts

On March 11, 2011, the Defendant, such as the Defendant’s land purchase and private construction contract, entered into a sales contract with respect to the E site and building on the ground in Seodaemun-gu Seoul (hereinafter “E site”). On March 11, 201, the Defendant entered into a sales contract with respect to the E site and building on the ground in order to newly construct childcare centers on the ground as indicated below as “E” and as indicated as “D.”

On May 5, 2011, the Defendant entered into a contract for construction works with J Co., Ltd. (hereinafter “J”) in order to newly construct child care centers of the second and third underground floors and the third above ground on the E site.

The representative director of J was I, and G was responsible for the financing of the construction work.

The defendant entered into the design contract and supervision contract of K and K and child care centers.

The defendant is the name of "L" defendant in its original form in each of the above contracts (24-1, 2, and 3).

The seal was affixed.

On May 6, 2011, the defendant acquired the ownership of the E site.

On September 9, 2011, the Defendant concluded a contract to establish a collateral security with the Plaintiff, the debtor, the Defendant, and the maximum debt amount of 120,000,000 with respect to the land and ground buildings owned by the Defendant in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, Seoul, and completed the registration of the establishment of a collateral security on September 14, 201.

The Defendant affixed the seal of “B” type on the document establishing the right to collateral security (A).

From September 8, 2011 to September 10, 201, the Plaintiff remitted total of KRW 150,000,000 to G, Defendant’s father N, and C’s account.

Preparation of a construction contract and a private construction contract in the name of the defendant (as of September 21, 201) between the defendant and I on September 21, 2011, the defendant newly constructed a multi-household building of which the whole first floor is a private teaching institute on the ground of E site, and the plaintiff acquires the above first floor and the relevant site shares, and I acquires the remaining building and the site shares, and I will take over the loan obligations of KRW 900,000,000 out of the plaintiff's purchase price of E site.

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