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(영문) 인천지방법원 2019.08.22 2018나65043
전부금
Text

1. Of the judgment of the court of first instance, the part against the Defendants in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. On April 25, 2008, D (formerly: E) entered into a sales contract with Defendant C Co., Ltd. (formerly: I Co., Ltd.) to sell 1,418 square meters (hereinafter “instant land”) in Seo-gu, Incheon (hereinafter “instant sales contract”) and thereafter, Defendant B Co., Ltd was determined as joint buyers according to the said sales contract.

On April 29, 2008, the Plaintiff received 600,523,000 won in total from the Defendants for down payment and intermediate payment.

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

(A) Article 2 (Sale Price and Payment Method). (1) Sales Price shall be 857,890,000 won in total, and in accordance with the schedule of an urban development project promoted by B, payment shall be made as follows:

Article 6 (Adjustment of Rights other than Ownership) (1) of the first intermediate payment of KRW 20% of the second intermediate payment of KRW 171,578,000 within April 30, 2008, within the period of April 30, 2008, the remaining 30% of the remainder within April 30, 2008, within the period of April 30, 2008, 20% of the second intermediate payment of KRW 171,578,000, the land substitution plan of KRW 257,367,00 and the designation of land substitution plan of KRW 100,857,890,000 within 15 days after the date of payment of the land substitution plan and the designation of land substitution plan of KRW 107,367,00,000.

(2) Where a person fails to comply with the matters provided for in paragraph (1) (i) above, he/she may act as an agent for the creditor concerned by paying or depositing the relevant debt amount directly to the creditors in lieu of the payment of the second intermediate payment and the balance, and in such cases, A shall not be held liable for negligence, such as excessive repayment, in lieu of the payment of the second intermediate payment and the balance.

B. The Plaintiff seized the amount of KRW 300,000,000 out of the purchase price owned by D as Incheon District Court No. 2008TTT9748 (hereinafter “instant purchase price claim”) to the Defendants while selling the instant land, and thereafter, the Plaintiff was under the control of 2009TTT2016 at the same court on February 13, 2009.

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