logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.02.12 2016가단5273522
손해배상 등
Text

1. Defendant E, B, F, G, H, I, J, and K respectively, KRW 701,594 for the Plaintiff; KRW 233,864 for the Defendant C; KRW 15,909 for the Defendant L, M, and N, respectively.

Reasons

1. Facts of recognition;

A. The Defendants’ relevant Q2 and Defendant E, B, F, G,O, H, J, K, and P (hereinafter “owners”) owned nine households of the Seocho-gu Seoul Metropolitan Government RR 707.9 square meters and multi-family housing on its ground (Defendant B, F, and G, one of whom was jointly inherited by one household).

Q has died on December 18, 2010 and succeeded to the property of the Defendant L, M, and N, the spouse of the Defendant C, M, and N.

B. On August 4, 2003, the owner of the construction contract entered into a construction contract with S Co., Ltd. (hereinafter “S”) to remove the existing apartment units on the said site and to newly build 12 households on the said ground (hereinafter “instant apartment units”). Of the instant apartment units, the owner of the building entered into an agreement that “S will substitute the construction cost with the sale price by pre-sale of U, V, and W among the instant apartment units owned by the owner of the building.”

C. Upon entering into a sales contract with X on April 16, 2004 with respect to the instant apartment Nos. 450,000,000 won of the sales price, S agreed that X shall transfer the ownership of the instant apartment Nos. 451,00,000 among the construction price, as it subcontracted the instant new apartment Nos. 451,00,000 among the construction price. Accordingly, S entered into a sales contract with X on February 26, 2004. 2) on the instant apartment Nos. 450,000,000 won of the sales price by August 5, 2004.

3) On September 1, 2004, S entered into a contract for sale in lots with an auditor on the S’s registry, and with respect to the apartment U of this case. (A) On September 22, 2004, S borrowed KRW 200,000,000 from AA on September 22, 2004 for the purpose of raising the construction cost of the apartment of this case, on the due date of payment, at 4% per annum for interest, and at 66% per annum for delay damages, and S jointly and severally guaranteed the loan obligations of the Z.

The Z shall be on September 23, 2004 in order to secure the above loan obligation.

arrow