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(영문) 서울고등법원 2017.02.09 2016나2005489
소유권이전등기
Text

1. The judgment of the first instance, including the claims added at the trial, shall be modified as follows:

The defendant.

Reasons

1. Facts of recognition;

A. D, E, and F promoted the ground apartment construction project (hereinafter “instant project”) on the land located in Youngcheon-si Gdong District from around 2007, and on June 5, 2007, the Defendant was established for the purpose of housing construction and housing rental.

B. On May 9, 2007, D purchased from the Plaintiffs, a couple, I and 14 parcels owned by the Plaintiffs (hereinafter “instant sold real estate”) in the name of E for KRW 2.5 billion, and paid 100 million down payment to the Plaintiffs.

However, D did not pay the above sales balance to the plaintiffs on the wind that requires a long time more than expected approval for the instant business, and the plaintiffs cancelled the above sales contract on August 16, 2007.

On the other hand, D around the end of 2007 lent KRW 50 million to the plaintiffs.

C. After that, on September 23, 2009, the Plaintiffs sold the instant sold real estate to the Defendant in KRW 4.95,000,00, and the down payment shall be KRW 500,000,000,000,000 deducted from D around the end of 2007, and KRW 4.55 billion,000,000,000 (= KRW 4.950,000 - KRW 4.7 billion,000,000,000 after the commencement report, and KRW 35,50,000,000 after the purchase approval, and KRW 4.2 billion shall be paid until October 30, 2009, and the remaining 4.2 billion shall be determined after the confirmation of the land price excluded from the project site and the establishment thereof shall be made after the survey report.

However, the defendant did not pay the above land price, and the plaintiffs notified the defendant on December 8, 2009 that the above contract was null and void. D.

After that, on May 23, 2012, the Plaintiffs, under a special agreement, that “if the registration of subdivision is completed after confirmation of the remaining parcels outside the project site, the sale real estate shall be transferred to the seller (as of approximately 1,400 repayment)” (as of February 2, 201, capital gains tax shall be held liable to the buyer), shall remain remaining in full without down payment and intermediate payment of KRW 4.7 billion.7 billion.

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