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(영문) 서울고등법원 2015.04.29 2014나43955
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. (1) The Plaintiff Company B (hereinafter “Plaintiff Company”) was established on June 7, 201, and the Plaintiff Company A was registered as a manager. On August 31, 2011, for the purpose of using it as a site for the development of urban-type residential housing, Defendant D’s purchase price of KRW 1.7 billion (hereinafter “instant land”) (i.e., contract amounting to KRW 170 million (hereinafter “instant contract amount”) to purchase an intermediate payment of KRW 630 million (hereinafter “instant contract”) with Defendant D’s sales price of KRW 803.20 square meters (hereinafter “instant agreement”) to purchase KRW 1.7 billion (hereinafter “instant contract”). In concluding a sales contract to purchase the remainder of KRW 630 million (hereinafter “instant contract”) with Defendant D’s major contents as the following special agreement.

Plaintiff

A, H, and I have signed and sealed the instant agreement as a joint and several surety of the Plaintiff Company.

Article 1 (Relation to Site)

2. Of this site price, down payment and intermediate payment are the acquisition by the Plaintiff Company of the existing loans of KRW 800 million on the above site of Defendant D, and down payment and intermediate payment are paid.

3. The balance of KRW 900 million shall, in principle, be paid by Defendant D in accordance with the beneficial interest certificate after the completion of the Plaintiff Company’s development project (based on within three months after the completion of the development project).

(C) The Plaintiff Company shall provide the trust company with the second beneficial right certificate issued by the trust company to Defendant D at the transfer stage of the ownership of the site for the remainder.

5. Since Defendant D’s ownership of this site ought to be carried out simultaneously with the above acquisition of the loan, the procedures for providing a trust deed and a certificate of beneficial interest to trust companies, the Plaintiff Company and Defendant D, after preparing a real estate sales contract between the Plaintiff Company and Defendant D, shall acquire the existing loan, and transfer the Plaintiff Company’s ownership at the stage of concluding a trust contract, and the Plaintiff Company shall transfer the ownership from Defendant D along

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