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1. Revocation of a judgment of the first instance;
2. Defendant B received KRW 4,289,54,00 from the Plaintiff, and Defendant B received KRW 4,289,54,000 from the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a juristic person operating a housing construction business, etc., Defendant B is each owner of each real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) and Defendant C is each owner of each real estate listed in the separate sheet No. 2 (hereinafter “instant real estate”) listed in the separate sheet No. 2, and each of the instant real estate No. 1 and No. 2 (hereinafter “instant real estate”).
B. On February 26, 2007, the Plaintiff entered into a contract for the transfer of business rights (hereinafter “instant contract for the transfer of business rights”) with D Co., Ltd. (hereinafter “D”) with the content that the Plaintiff takes over the business rights related to the “business rights for the construction of the Yongsan-gu F Apartment-gu F Apartment-gu business (hereinafter “instant business rights”) with the business territory of Young-gu E, Young-si (hereinafter “D”) at KRW 4.5 billion.5 billion.
The main contents of the instant contract for the transfer of business rights are as follows.
Article 3 (Payment of Transfer Amount and Terms of Contract) The remainder of the non-fixed down payment of KRW 500,000,000 in the intermediate payment of KRW 1,000,000,000 shall be 3,000,000 (1) the grounds upon which the plaintiff may pay the down payment at the time when the land price is determined by D and the prop (2) the remainder payment is paid at the same time as the temporary payment is made by the owner of the land.
1. D’s obligations (1) submits documentary evidence, such as land contracts and payments receipts.
(2) Upon the payment of the remainder, the agreement shall be converted to the Plaintiff, and the entire documents necessary for the trust or ownership transfer shall be transferred to the Plaintiff.
(3) It shall be held liable for the transfer of ownership and the surrender of ownership, and the land for which ownership is not transferred shall be delivered relevant documents to the Plaintiff from the landowner.
(4) cooperates until the prop change, such as documents and progress related to authorization and permission.
2. The plaintiff's duty (1) amount of transfer shall be paid to D according to schedule.
(2) supervise enforcement affairs;
(3) The payment date of the final land price shall be as of April 30, 2007.
C. The Defendant B prepared each of the sales contracts of this case as a policeman on June 2007.