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Reasons
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(영문) 서울중앙지방법원 2018.08.23 2017가합552552
손해배상 등
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1. The plaintiff is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From January 17, 2003, the Defendant entered into a sales contract and an agreement for joint development of real estate props (hereinafter “instant land”) with the Gangnam-gu Seoul Metropolitan Government C large 246.5 square meters (hereinafter “instant land”).

(D) On October 13, 2010, Co., Ltd. (hereinafter “D”) owned and owned the instant land.

(1) In the future, the maximum debt amount of KRW 1176 million, and the establishment registration of a neighboring mortgage with the debtor as the defendant was completed, and around that time, it was loaned KRW 980 million from D (the Defendant’s debt against the Defendant D is referred to as “the instant collateral security debt”).

(2) On September 6, 2011, the Defendant concluded a contract with E Co., Ltd. (hereinafter “E”), a representative director, to sell the instant land at KRW 1.85 billion (hereinafter “instant sales contract”) with E.

In the instant sales contract, E decided to succeed to the instant collateral obligation, and the down payment of KRW 50 million was determined to pay the intermediate payment of KRW 1.03 billion (including the amount of the instant collateral security obligation) on September 20, 201, and the remainder KRW 770 million on January 20, 201.

The sales contract of this case provides a separate special agreement. The contents are as listed below.

1. Construction on the land so purchased shall be responsible and completed at the expense of E;

2. Loan interest (980 million won) plus E

9.As from 20.0.0

3. Taxes and taxes and public charges incurred by the sale and purchase of this land and the new building shall be paid by E;

(including global income tax, business income tax and other income tax)

4. The defendant shall actively cooperate with all documents necessary for the construction act and all documents related to the authorization and permission.

5. If a new construction work ceases for at least one month due to any cause, E shall waive in accordance with the defendant's will.

6. A civil petition generated in the course of construction shall be treated by E.

3. The defendant and the plaintiff will construct a new building on the land of this case and have divided ownership of the new building.

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