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(영문) 서울고등법원 2015.08.27 2014나57671 (1)
양수대금 반환
Text

1. The plaintiff's appeal is dismissed.

2. Pursuant to the conjunctive claim added at the trial, the defendant shall make the plaintiff 500,000.

Reasons

1. Basic facts

A. The status of the parties is a limited company established for the purpose of funeral and graveyard management business, graveyard sale and sale business, etc., and the co-defendant B Co-defendant B Co., Ltd. of the first instance trial (hereinafter collectively referred to as “B”) and the Defendant is a stock company established for the purpose of civil engineering construction business, etc.

B. B and the Defendant’s joint contractors and joint contractors contract 1) B and the Defendant’s E Foundation around May 2005 (hereinafter “E Foundation”).

2)The Curnary Party, the Curnary 25,004 (hereinafter referred to as the “Curnary Party of this case”) intended to be established in the F in Sin interest City.

(2) On May 23, 2005, the above joint supply and demand organization consisting of B and B entered into a contract for the construction of the facilities of this case (hereinafter “instant contract”) with the E Foundation on May 23, 2005, with the name of the joint supply and demand organization “C” and the name of the joint supply and demand organization “G” with the representative “B” at the time of the joint supply and demand organization. The above joint supply and demand organization composed of B and the Defendant entered into a contract for the construction of the facilities of this case (hereinafter “instant contract”). The completion date of the contract was determined on May 23, 2005 as the date of the commencement, and December 30, 2005 as the date of the completion date of the contract, and the exclusive purchase and demand organization, with the permission of changing the construction price of the party’s frame into at least 80,000,000,000 shall be entitled to exclusive purchase and payment of the purchase price to the E Foundation.

The payment in kind is to be made in accord, but the payment in kind is to be effective only when there is a permit to change the number of the peltos of the peltos of the instant case to at least 80,000.

(c) the return and return of the report on the change of the establishment of a voting district;

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