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(영문) 서울고등법원 2017.01.20 2015나2074334
소유권이전등기절차인수 청구 등
Text

1. Of the part relating to the principal lawsuit in the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who falls under the following order to pay.

Reasons

1. Basic facts

A. The defendant is the representative architect of the comprehensive architect E (hereinafter “E”), and the plaintiff served as E from December 1, 1990 to January 15, 1991, and from December 16, 1996 to November 1, 2007.

B. On October 13, 2002, the Defendant entered into a sales contract with the Flad Industrial Co., Ltd. (the trade name was changed to Flad Industrial Co., Ltd.; hereinafter “Flad Industrial Development”), and the Defendant entered into a sales contract with the content that the real estate listed in the separate sheet (hereinafter “instant real estate”) was sold in KRW 270,00,000, and paid all the down payment and intermediate payment, excluding the remainder (if the sales price was changed to KRW 250,468,000) on September 22, 2005, after entering into a sales contract with the same content as the sale contract (However, the sales price was changed to KRW 250,468,00).

(The intermediate payment of KRW 108,00,000 was loaned by an agricultural cooperative).

On November 23, 2007, the Plaintiff drafted a real estate sales contract with the purport that the Defendant and the Plaintiff purchase 1/2 shares of the instant real estate in KRW 125,234,00 (excluding value-added tax) to the Defendant.

On November 27, 2007, the Plaintiff and the Defendant drafted a letter of undertaking that “the Defendant succeeds to the rights and obligations of the Defendant under the above sales contract.”

On November 23, 2007, the Plaintiff entered into a loan transaction agreement with an agricultural cooperative and a loan of KRW 156,500,000 on a fixed basis (the due date has been extended until November 30, 2014) and on November 30, 2009 (the due date has been extended until November 30, 2014), and extended a loan of KRW 156,50,000 to an agricultural cooperative on November 30, 2007 (hereinafter “instant loan”), and one hundred eight eight thousand,00,000 among which the Plaintiff repaid the intermediate payment loan of the instant real estate received by the Defendant, and ② twenty five,678,820,000 shall be paid in the remainder, and three hundred,30,000,000 won shall be used as bank loans and appraisal fees, ④17,521,180,000 shall be transferred to the remaining account in the name of the Defendant’s name, five hundred and twenty,00.

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