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(영문) 대구지방법원 2016.04.21 2015나308600
양수금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Part of the claim for takeover;

A. Comprehensively taking into account the purport of the entire pleadings in the statement of the agreement on the assignment of claims and the statement of the evidence Nos. 3 and 5, the Plaintiff received from C on January 29, 2015, “C is performing the construction of the dump construction of the dump construction of the dump at Sejong-si,” and “C” out of the construction balance to be received from the Defendant, and C notified the Defendant of the said assignment of claims on April 16, 2015, and at that time, C received the above notification from the Defendant, respectively.

B. 1) The following facts do not conflict between the parties, or are recognized by Gap evidence 1-3 (the defendant's signature was due to the defendant's writing, and there is no dispute between the parties as to the authenticity of the entire document) and evidence 4-1 (the authenticity of the entire document is presumed to have been established) and the overall purport of oral argument. A) The land D-275 square meters (hereinafter "the land in this case") was owned by Eul in the first place, but the construction was interrupted while only the construction of a new building for multi-households on the ground of the land in this case (hereinafter "the building in this case") was completed, and as the construction was interrupted after the completion of the construction of a new building for multi-households on the ground in this case, C, who was contracted for the said new construction and continued to acquire the building in this case that had been newly constructed from E.

B) On March 23, 2012, C sold to the Defendant the instant building, which was in the process of the instant land and new construction, a total of KRW 3,500,000,000,000,000,000 in total, including the purchase price of the said land, the construction cost for the instant building, design cost, and other expenses. C) Thereafter, on November 3, 2012, the Defendant agreed to additionally pay KRW 18,591,600,00 in total, after settling accounts of the expenses paid to C with respect to the instant building. The Defendant succeeded to KRW 90,00,000 as a lessee of the instant building, and KRW 70,00,000 as a collateral security obligation established on the instant land, in lieu of the payment of the said purchase price.

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