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Reasons
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(영문) 서울고등법원 2019.05.03 2018나2052571
손해배상 등
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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. 1) The Defendant from January 17, 2003 to Seoul Gangnam-gu 246.5 square meters (hereinafter “instant land”) is the Defendant’s land from January 17, 2003.

(D) On October 13, 2010, Co., Ltd. (hereinafter “D”) owned and owned the instant land.

A) The maximum debt amount of KRW 1.176 million was set up with the debtor’s right to collateral security, and around that time, borrowed KRW 980 million from D (hereinafter the Defendant’s debt against D) as the Defendant’s debt amount of KRW 1.176 million.

(2) On September 6, 2011, the Defendant entered into a contract with E Co., Ltd. (hereinafter “E”) that is the representative director, and “the content of selling the instant land at KRW 1.85 billion” (hereinafter “instant sales contract”).

3) According to the instant sales contract, “E shall succeed to the obligation on the ground of this case,” and the contract deposit of KRW 50 million was concluded, the intermediate payment of KRW 1.03 billion (including KRW 980,000,000,000,000,000,0000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.” Unlike the ordinary sales contract, the instant sales contract stipulated that “E shall build a building on its own responsibility on the ground of this case’s land, and the Defendant shall cooperate with the Defendant to provide necessary documents for the construction activities and relevant authorizations

1. Construction on the land to be purchased shall be responsible for and completed at the buyer’s expense;

2. Loan interest (980 million won) shall be paid by the buyer from September 20.

3. Taxes and taxes and public charges incurred by the sale and purchase of the land and the new building shall be paid by the purchaser;

(including income tax, global income tax, business income tax, and other

4. The seller shall actively cooperate in all documents necessary for the construction activities and documents related to the authorization or permission.

5. Buyer; and

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