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(영문) 부산지방법원 2018.09.05 2017나51259
손해배상(기)
Text

1. The judgment of the court of first instance, including the Plaintiff’s succeeding intervenor’s respective succeeding participation, is as follows.

Reasons

1. Basic facts

A. On June 11, 191, C Co., Ltd. (hereinafter “C”) newly built the instant apartment houses with the first floor and the fourth floor for 20 household units (hereinafter “instant apartment houses”) on the ground, which were owned by C from June 29, 191, from around June 29, 191, on the Busan-gun, Busan-gun, Busan-gun, which was owned by C (hereinafter “instant land”).

B. Upon borrowing KRW 180,00,000 from E on September 2, 191 when money borrowed from E during the said new construction project, C borrowed KRW 738,00,000 from E on the instant land as security, and borrowed KRW 738,00,000 from F.

C Around October 28, 1991, it was declared bankrupt in a state of progress to the 2nd floor bend floor of the instant apartment house.

C. 1) On November 1, 191, 191, C and C agreed to transfer to E the first floor and the second floor of the instant apartment house among the instant apartment houses in lieu of the payment of the above loan debt. 2) Nevertheless, C around November 5, 1991, entrusted the Plaintiff with the right to sell the instant apartment house in the form of 655,00,000, and delegated the Plaintiff with the right to sell the instant apartment house in the form of 655,000,000. Since the Plaintiff completed the instant apartment house in the form of the instant apartment house, C and C agreed to sell it in the form of 655,00,000, and paid the construction price from the purchase price, and the Plaintiff commenced the construction pursuant to the aforementioned agreement.

After that, construction of the instant tenement house continues to be built on April 192, 192, the structural building was completed up to the structural building, and the appearance of the building with the first floor above the ground and the fourth floor above the ground.

1) As to the instant apartment house 1 among C and C, the sales contract form for the instant apartment house 1 between C and A, the seller as of November 16, 191 shall be C and the buyer as of November 16, 1991, and the buyer shall be C and C, and the sales contract form with the purchase price of KRW 63,250,000 (No. 2; hereinafter “instant sales contract form”).

was drawn up.

The sales contract of this case is the purchase price.

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