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Reasons
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(영문) 부산고등법원 2019.04.17 2018나53798
매매대금
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1.The judgment of the first instance shall be modified as follows:

Of the instant lawsuits, 154,479,453 won and damages for delay.

Reasons

1. Basic facts

A. 1) The Plaintiff is a creditor holding a loan claim against C. The Plaintiff is a company that is engaged in real estate consulting and sales agency business, etc. (hereinafter “C, etc.”), and the Defendant purchased the 461m2 in Ulsan-gun, Ulsan-gun, U. Ulsan-gun, E road 20m20m2, and F 819m2 in each of the instant lands (hereinafter “each of the instant lands”).

B. On September 30, 2016, the Plaintiff loaned KRW 300,000,00 to C with a maturity of KRW 15% per annum on November 30, 2016, and delayed payment damages. The Plaintiff and C entrusted a notary public with the preparation of a notarial deed on the said loan claim, and a notary public drafted a notarial deed under the Monetary Loan Agreement No. 414 of 2016 (hereinafter “instant notarial deed”).

C. 1) C, etc. between C, etc. and the Defendant, purchased each of the instant lands from G and H on March 30, 2015 at a voluntary auction procedure, and completed the registration of ownership transfer under the name of G as to each of the instant lands on the same day. 2) C, etc., which was planned to construct a building on each of the instant lands, but could not proceed with a project due to a non-construction building on each of the instant lands, etc., on February 23, 2016, sold each of the instant lands to the Defendant on February 23, 2016 (hereinafter “instant sales contract”). The Defendant completed the registration of ownership transfer as to each of the instant lands on February 24, 2016.

The main contents of the instant sales contract are as follows.

Real estate sales contract

1. Ulsan-gun, Ulsan-gun, Ulsan-gun, the location where real estate is indicated, the nearest 461 square meters, Ulsan-gun, the nearest 20 square meters E of the 20 square meters Ulsan-gun, the nearest 819 square meters;

2. As to the sale of the above real estate under Article 1 (Purpose) of the Terms and Conditions of the Contract, C, etc. and the defendant shall pay the purchase price as follows.

The amount of the purchase price shall be s 930,000,000.

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