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(영문) 서울중앙지방법원 2015.05.01 2013나62772
분양대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The following facts may be found either in dispute between the parties or in the entry in Gap evidence Nos. 3, Eul evidence Nos. 1 and 2, together with the purport of the whole pleadings:

On October 1, 2009, the Defendant sold Seongbuk-gu Seoul and C D Building 105 dong 108 (hereinafter referred to as the “instant house”) from Non-Party Sscambling Co., Ltd. (hereinafter referred to as “Non-Party Company”) to KRW 1,749,948,00 in supply amount

(b) The sales contract of this case from the following day:

On July 8, 2010, the non-party company decided to deduct the amount of KRW 113,484,438 equivalent to the compensation for delay of occupancy from the above amount of supply.

C. By December 30, 2010, the Defendant paid KRW 1,215,490,000 out of the above supply amount to the non-party company. Accordingly, at the time of the above date, the remaining amount remains (=1,749,948,00 won - 113,484,438 won - 1,215,490,000 won).

The plaintiff is a corporation that invested funds in the sales business of the above D building.

2. Determination

A. On December 29, 2010, the Defendant decided whether to pay the amount of money is obligated to pay the Plaintiff the amount of KRW 320,973,562 out of the remainder amount of money until January 17, 2011 (=420,973,562 won - 320,973,973,562 won - 320,562 won) to the Plaintiff on April 30, 201. The Defendant did not have agreed to pay the Plaintiff the amount of KRW 320,973,973,562 on January 17, 201, as the maximum amount of debt with respect to the housing of this case, or the Plaintiff paid the Plaintiff the amount of KRW 320,563,562 as the maximum amount of debt with the signature and seal affixed by the Defendant on July 17, 2011, and the Plaintiff paid the Plaintiff the amount of KRW 320,530,5365,2015.

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