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(영문) 부산고등법원 2020.04.23 2019나56817
기타(금전)
Text

1. Of the judgment of the court of first instance, the part against Plaintiff B, which constitutes the following additional payment order.

Reasons

1. The reasoning for this part of this Court is as follows, with the exception that the reasoning for this Court is written or deleted, the relevant part of the reasoning of the judgment of the first instance (2nd 5 to 3rd 12 pages) is as follows.

(The main sentence of Article 420 of the Civil Procedure Act). The second half of the judgment of the court of first instance is "the defendant" and "the defendant side".

The 3rd to 7th of the first instance judgment shall be followed as follows.

“B. Accordingly, the Plaintiff A and the Defendant side purchased 2.3 floors of the instant commercial buildings from the workplace insurance association on July 8, 2016 under the name of the Plaintiff, and 2.41,6210,000 won in the name of the Plaintiff, and 2.41,6210,000 won in the name of D, respectively, and divided one half of the profits accrued from the re-sale.” The third 8-9 of the judgment of the first instance court “the KRW 50,000 on December 29, 2015.”

2. Summary of the parties' arguments

A. Plaintiff A’s claim 1) The difference between the sale price for the second and third floors of the instant commercial building purchased under Plaintiff A’s title as the main point of Plaintiff A’s assertion is estimated as KRW 608,383,704, and the sale price for the first floor of the instant commercial building purchased under Plaintiff D is estimated as KRW 1,064,610,320, respectively, and the difference between the sale price for the first floor of the instant commercial building purchased under Plaintiff A and the Defendant is calculated as KRW 1,402,501,289, if the Plaintiff and the Defendant deducts the tax paid or payable from the total amount, the profit accrued from the sale price for the instant commercial building is presumed as KRW 1,402,501,289. As the Plaintiff was entrusted to the Defendant with the sales business of the instant commercial building, the Defendant is not obligated to pay the Plaintiff B’s free withdrawal from the account under Plaintiff A’s name as the main point of the instant sales agreement between Plaintiff A and the Defendant’s obligee.

Even if the parties to the instant club agreement were to be the defendant, the Plaintiff A bears priority over the purchase price and related expenses, and subsequently settle the sales contract at the time of the completion of the sales contract, which is part of the down payment.

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