(영문) 서울고등법원 2019.08.22 2018나2001016

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Reasons

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(영문) 서울고등법원 2019.08.22 2018나2001016

양수도대금등 청구의 소

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

Defendant.

Reasons

Basic Facts

The reasons to be stated in this part are as follows, except for the parts used or added as follows, it is identical to the part of “1. Basic Facts” (Articles 13 through 8, 20) in the reasoning of the judgment of the first instance. As such, this part of the reasoning of the judgment of the court of first instance shall be cited, including abbreviations, pursuant to the main sentence of Article 420 of the Civil Procedure Act.

Part 2, Part 16 and not more than that "Defendant Company" shall be incorporated into "Defendant B".

Part 2, Part 17 and not more than 17 "Defendant Trust Company" shall be applied to "Defendant C".

Part 3, "3,164.54" in Part 22 (Class 6, column 3, within the table of "the current status of the sales contract for the project site" in Article 3) shall be added to "3,614.54".

Part 4 18 written "39,918,540 won" shall be "39,918,540,000 won".

Part 7 Section 17 (hereinafter referred to as the “instant project”) shall be incorporated into “(hereinafter referred to as “instant modification project”)”.

Part 7, 18 through 19, "the remaining site except the P land out of the project site in this case" was partitioned into "the remaining site except the P land in this case (hereinafter referred to as "the changed project site in this case")".

The first to sixth judgment of the court of first instance, all of the 8 pages 1 to 6

1. D.

The part 3) and 4) are as follows. Defendant B promoted the instant alteration project in the instant changed project site. Defendant B entered into a sales contract to sell the instant changed project site to BA in the purchase price of KRW 85 billion on April 2018, and entered into an agreement to transfer the buyer status to BB on December 10, 2018. Defendant B completed the sale of the instant changed project site to a third party, such as applying for the registration of transfer of ownership in the name of BB with respect to the instant changed project site, according to the above sales contract and agreement. Defendant B completed the sale of the instant changed project site to BB, such as applying for the registration of transfer of ownership in the name of BB with respect to the changed project site. Defendant B did not secure ownership to the entire state-owned and public-owned land.

참조조문

-민사소송법 제420조

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