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(영문) 서울고등법원 2017.06.13 2017나560
공사대금반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. Article 1 of the judgment of the court of first instance (hereinafter “Defendant”).

Reasons

1. Basic facts

A. 1) In the event that both Defendant D and E (hereinafter referred to as “D, etc.”) are referred to as “D, etc.”

(B) On December 21, 2013, the Defendant appears to have purchased the said land from I and had not completed the registration of transfer. The Defendant appears to have not completed the registration of transfer.

hereinafter referred to as “instant land”

(F) No. 401-410 of the fourth floor of the building located G and F, the ownership of which was F and D, (each of the above rooms was 401 on May 18, 2015).

hereinafter referred to as “instant commercial building”

In exchange for each other, the existing collateral loans (230 million won with respect to the instant land, and 1.23 billion won with respect to the instant commercial building) with respect to real estate to be acquired by each person are taken over, and if interest on the relevant loan is overdue for at least two months, the contract was concluded to return the acquired real estate again (hereinafter “instant exchange contract”).

(2) However, each transfer of ownership under the instant exchange contract was not completed. (2) Around that time, the Defendant occupied the instant commercial building and operated an entertainment tavern and danran bar with the trade name “L”, and paid the interest on the instant commercial building loan, etc. However, as the business profit of the instant commercial building was anticipated, the said loan interest was overdue from June 201 to August 2014.

B. 1) The Defendant changed the existing type of business of the instant commercial building into the telecom with such reasons, but did not provide internal artificial interior interior interior interior expenses, etc., and it was difficult to set up a plan to cover the cost of remodeling the telecom with the lease deposit received from the lessee, and the interest on the said loan. 2) The Defendant provided a lease deposit on September 5, 2014 under the said plan to the Plaintiff on the condition that the instant commercial building is remodeled into the telecom.

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