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서울고등법원 2017.10.26 2016나2084482

1. The plaintiff's appeal is dismissed.

2. The plaintiff's claim added in the trial is dismissed.

3. The time when the action has been brought.


1. Facts of recognition;

A. The Plaintiff entered into the instant sales contract and the Defendant’s 1) around May 2014, along with C, running a stock company M, the Plaintiff entered each of the real estate listed in the separate sheet owned by the Defendant, located in the Defendant N in the Chungcheongnam-gun, Ulsan-gun, U.S. (hereinafter “instant real estate”).

(2) On June 13, 2014, prior to the purchase of the instant real estate, the Plaintiff transferred KRW 40 million to the Defendant on June 13, 2014, and thereafter, on June 26, 2014, the Plaintiff purchased the instant real estate from the Defendant, and concluded a sales contract with the Defendant on June 26, 2014, to the remaining amount after deducting the secured amount from the secured amount by the Plaintiff’s acceptance of the secured obligation of the instant real estate (hereinafter “instant sales contract”). On the same day, the Plaintiff transferred the remainder of the down payment 20 million won, excluding the down payment 40 million won paid to the Defendant.

3) Meanwhile, upon proposing that the Plaintiff and C work as the head of the site management office of the instant real estate development project to be promoted by the Plaintiff and C on the date of the conclusion of the instant sales contract, the Defendant delivered to the Defendant the name of the Defendant as the head of the management office of M Co., Ltd. on the same day, and the Defendant was responsible for opening access roads to the instant real estate and holding the head of the management office of M Co., Ltd. in the position of the head of management office of M Co., Ltd

(4) On June 30, 2014, the Plaintiff paid the construction design cost and civil construction cost through the Defendant, and paid KRW 1 million to the Defendant as the expenses.

5 The Plaintiff, on July 22, 2014, remitted an intermediate payment of KRW 50 million to the Defendant, but thereafter, did not accept or pay the remainder of the collateral obligation established on the instant real estate.

Accordingly, on July 28, 2014, the Defendant shall accept the secured debt and pay the remainder to the Plaintiff.