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(영문) 대법원 2013.06.14 2013다15746
배당이의
Text

The judgment of the court below is reversed, and the case is remanded to Suwon District Court Panel Division.

Reasons

The grounds of appeal are examined.

1. The lower court: (a) accepted the first instance judgment; (b) concluded a sales contract with the Defendant on August 31, 2006, to pay KRW 250 million for the purchase price for the land and buildings in Ansan-si (hereinafter “instant real estate”); (c) KRW 80 million for the loans offered as security; and (d) KRW 40 million for the intermediate payment on September 11, 2006, to pay KRW 130 million for the remainder to the Plaintiff by December 30, 2009 (hereinafter “the first sales contract”); and (c) concluded a sales contract with the Defendant on December 10, 2006 to jointly purchase and sell the instant real estate at KRW 200 million for the remainder of KRW 200,000,000,000,000 for the payment of the intermediate payment to the Plaintiff; and (d) concluded a sales contract with the Plaintiff on October 10, 2006 to jointly operate the instant real estate; and (e) concluded between the Plaintiff and the Defendant.

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