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(영문) 서울고등법원 2021.01.28 2020나2020003
약정금
Text

Of the judgment of the first instance, the part against the defendant exceeding the next order of payment is revoked, and that part is revoked.

Reasons

Basic Facts

The reasons why this Court is stated in this part are as follows: “1. Basic Facts” in the reasoning of the judgment of the first instance is the same as the partial entry of “1. Basic Facts” in the reasoning of the judgment of the court of first instance, except for the use of “15 to parcelling-out agency” in the 3th page of the judgment of the first instance as “assign-out agency”. As such, the foregoing is cited including summary language pursuant to the main text of Article 420 of the Civil Procedure

The grounds for this part of the claim by the parties are as follows, except when written or added as follows, it is identical to the statement "2. Party's assertion" in the reasoning of the judgment of the first instance. Thus, this part of the claim is cited including a summary pursuant to the main sentence of Article 420 of the Civil Procedure Act.

The 2nd parallel "490,000,000" at the bottom of the 6th parallel shall be composed of "490,000,000".

The plaintiffs 7 Myeon 7's Myeon 7's each "Plaintiff" shall be raised to "the plaintiffs".

7 Myeon 7 The following shall be added to the following:

In addition, according to the agreement of this case, the proceeds from sale under the project of this case shall belong to the defendant, but the proceeds from sale under the agreement of this case shall be 508,161,206 won, excluding the amount of redemption of trust loans of the remaining housing 1,422,838,794 won under the agreement of 1,931,931,00,000 of the remaining housing and commercial buildings other than Jho commercial buildings and K housing (hereinafter “the remaining housing”), which have been transferred to the plaintiffs, were reverted to the plaintiffs.

Therefore, since the defendant has the right to return the above sales proceeds to the plaintiffs, it shall set off the plaintiffs' claim against the defendant with the right to return the above sales proceeds as an automatic claim.

The reasoning for this part of this Court’s judgment is as follows: 13 Myeon 3 and 14 Myeon 5 (3.3).

The part of the judgment of the court of first instance is identical to the part of "3. Judgment" in the reasoning of the judgment of the court of first instance, except for the cases of using up to B as follows, and thus, it shall be cited including the abbreviation in accordance with the main sentence of Article 420 of the Civil Procedure Act.

“3) Details of the agreement.”

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