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(영문) 서울고등법원 2015.11.24 2014나2005423
기타(금전)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Cheong-dong Co., Ltd. (hereinafter “Cheong-dong Development”) is a company that sells the instant apartment (hereinafter “the instant apartment”) and E Co., Ltd. (hereinafter “E”) is a new construction company for the instant apartment.

B. On June 9, 2008, Cheongfriendly Development entered into a sales contract (hereinafter “instant sales contract”) with F to sell 110 and 302 units of the instant apartment to 235,860,00 won (excluding option costs). According to the instant sales contract, F agreed to pay 11,793,000 won for the first intermediate payment, 23,586,00 won for the first intermediate payment, 23,586,00 won for the second intermediate payment, 23,586,00 won for the second intermediate payment, 208, 27, 23,586,00 won for the third intermediate payment, 23,586,00 won for the second intermediate payment, 23,586,00 won for the second intermediate payment, 23,580 won for the second intermediate payment, 23,586,589, 205, 2005.

C. On June 23, 2008, F transferred the rights and obligations pursuant to the instant sales contract to the Defendant under the condition that only the down payment pursuant to the instant sales contract was paid, and Cheongfriendly Development accepted it.

On the other hand, clean development closed on September 30, 2010, was dissolved by the resolution of dissolution of the general meeting of shareholders on October 5, 2010, and is in the state of insolvency in which there is no asset at present.

E. E, the contractor of the instant apartment, was not paid the construction cost of KRW 8,803,45,494 (hereinafter “instant construction cost claim”) with respect to the instant new apartment construction project from the Cheongfriendly Development, an executory company.

F. Meanwhile, on August 10, 201, E was decided to commence rehabilitation as Seoul Central District Court 201 Ma105, and on December 9, 201, E was divided into E, G, and A according to the rehabilitation plan upon receiving a decision to authorize the rehabilitation plan from the above court on December 9, 2011, and divided into E, G, and G, a divided company, and A is a divided company.

A. A. that is a surviving company after the division.

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