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(영문) 서울고등법원 2015.09.23 2014나32900
손해배상등
Text

1. At the request of a change in exchange at the trial, the defendant (Appointed Party) and the Appointed Party D shall be jointly and severally.

Reasons

1. Basic facts

A. 1) On March 21, 201, between the Plaintiff and his/her father, E, his/her father, is a party to a real estate exchange contract, and between the Defendant and his/her wife D, the land and the above ground buildings owned by E (hereinafter “Cheongju Real Estate”).

(D)The G land and the 6th floor building on the ground (hereinafter referred to as “water source real estate”) in Suwon-si, Suwon-si, Suwon-si, Suwon-si.

) The Defendant C and the Appointor D are married couple, and the Appointor C are children between them. The Appointor-gu H building 211(hereinafter referred to as “use building”) is the second floor of the H building in Young-gu, Young-gu, Young-gu.

(2) The Plaintiff and E shall exchange real estate exchange contracts (hereinafter referred to as the “instant contract”) with the terms that the Plaintiff and E shall pay additional KRW 150 million to the Defendant and the appointed parties D (the contract amounting to KRW 30 million and the remainder KRW 120 million).

The Plaintiff concluded a contract. On April 20, 201, the Plaintiff paid 30 million won a down payment to D on April 20, 2011 (Evidence A 3) (the party column of the instant contract (Evidence A 3) is written with D and E only.

However, the agreement, which is an accompanying document of the contract of this case, sets forth the specific rights and obligations of this case, and sets forth the subject of the rights or obligations, to the plaintiff and E, and the other party shall be the defendant and the appointed party D, and the plaintiff and E, the defendant, and the appointed party D respectively put their names and seals on the end of the agreement.

Ultimately, the parties to the contract of this case are the plaintiff, E, the defendant and the designated parties D.

[2] In the context of the special agreement of this case, the phrase “the exchange difference of KRW 150 million shall be determined as having D the rental deposit derived from the present factory laboratory, and shall refer to the letter of separate agreement.”

3) The main contents of the agreement attached to the instant contract are as follows, and at the end, the Plaintiff, E, Suwon Real Estate, and the right holder (the prospective purchaser E and the Plaintiff):

1. The National Federation of NFF 455,000,000 won, and the NFF 130,000.

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