(영문) 서울고등법원 2017.04.28 2016나2053792 (1)

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(영문) 서울고등법원 2017.04.28 2016나2053792 (1)

채무부존재확인

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1. The judgment of the first instance, including the counterclaim claim filed by this court, is modified as follows.

Reasons

1. Case summary

A. On June 3, 2008, the Plaintiffs made a promise to trade the Defendant’s shares among the real estate listed in the attached list with the Defendant and the attached list, and on June 5, 2008, drafted a letter of agreement (Evidence B No. 1; hereinafter “instant letter of agreement”) with the following contents.

The Defendant owned 1/3 shares in the attached list Nos. 1, 2 (hereinafter “instant real estate”) and 3, 4, 5, and 6 real estate listed in the attached list at the time, 69/1784 shares in each of the 699/1784 shares in the attached list, and 7, and 8 real estate listed in the attached list (hereinafter “instant real estate Nos. 7 and 8”) in each of 39.2/98 shares in each of the 39.2/98 shares in the attached list.

1. Of the real estate listed in the attached list, the purchase price for the area in which the Defendant’s share was auctioned shall be KRW 600 million.

2. To calculate 300,000,000 won per square day for the remaining area except the area conducted by the above auction, and to calculate and calculate the increased or decreased area as 3 million,00,000,000 won per square day for the increased or decreased area.

3. On September 8, 2005, the Seoul High Court (Seoul High Court Decision 2005Na34004), if there is an increase or a decrease in the defendant's share at the time of partition registration pursuant to the judgment on September 8, 2005, the increased or decreased area shall be calculated as three million won per square.

4. 60 million won out of the above purchase price shall be determined as down payment and intermediate payment, and settlement of accounts according to the area of 500 million won and the amount of increase or decrease in the future shall be determined as any balance, and any balance shall be paid at the same

5. The date of the full reservation for sale shall be June 3, 2009.

B. On June 3, 2008, the Defendant drafted a written consent to land use (hereinafter “written consent to land use”) with respect to the whole shares of the Defendant among the instant real estate to the Plaintiffs.

C. The Plaintiffs, among the instant real estate on November 16, 2010, completed the Defendant’s pre-sale agreement on June 3, 2009.

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