(영문) 서울고등법원 2017.04.07 2017나478 | 리걸엔진

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(영문) 서울고등법원 2017.04.07 2017나478

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1. Following the second return, the Defendant is entitled to KRW 572,50,000 for the Plaintiff upon a claim that had been changed in exchange at this court.

Reasons

1. Basic facts

(a) 1) Conclusion of a project implementation agreement with the Defendant, C, F, and G (hereinafter collectively referred to as “owners”);

) The 18 household units of “I building” of the size of the 1st underground and the 6th ground level on the ground on the land outside Seocho-gu Seoul Metropolitan Government, Seocho-gu and 3 lots owned by them (hereinafter “instant Ba”).

On March 23, 2002, the Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) decided to newly construct and on March 23, 2002

Between them, the owner provided the above site as the project site following the new construction of the loan of this case, and the participant entered into an agreement for the promotion of the project to newly construct the loan of this case by securing the construction cost. The main contents are as follows:

Article 3 (Payment of Price) The payment for completed portion shall be subject to the mutual agreement as follows: ① The payment for completed portion under Article 3 (Payment of Price) shall be KRW 3.7 billion at the time of the contract, ② KRW 2.1 billion at the time of April ② KRW 2.0 billion at the end of April ③ ④ KRW 2.22 billion on May ④ The sale price shall be KRW 2.2 billion on June 20, ⑤ the sale price shall be the monthly payment on a yearly basis in preference to the payment of the construction cost. ② The owner of the building shall provide the site for the project with a loan security in order to facilitate the construction (Provided, That

(7) The intermediate payment for the completion of the project owner shall not exceed the above amount and the above amount shall be refunded to the owner at the time of the transfer of the registration. Article 7 (Preservation, Registration and Provisional Registration) ① Transfer of the ownership of the site to a person designated by the participant at the time of the preservation registration after the completion of the project. ② In addition, from among the 18 generation of the loan in this case, the sale and purchase registration shall be made to the person designated by the participant at the time of the completion of the construction.

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