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(영문) 서울중앙지방법원 2014.05.22 2013가합518196
양도대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 500,000,000 and also liable to the Plaintiff.

Reasons

In light of the above legal principles, the court below erred by misapprehending the legal principles as otherwise alleged in the ground of appeal, contrary to what is alleged in the ground of appeal.

) On October 9, 2006, each land listed in the separate sheet (hereinafter “instant land”) shall be classified as “instant land.”

2) The development project for the 5 Blue Housing in Kimpo-si, Kimpo-si (hereinafter referred to as “instant development project”).

Defendant B (hereinafter referred to as “Defendant B”) is entitled to all the business rights and authority incidental thereto.

(2) The transfer contract of this case (hereinafter referred to as “instant transfer contract”) shall be

2) The main contents of the instant transfer agreement are as follows.

The business plan of this project indicating real estate shall be as follows:

1. Project name: A project for the development of five block collective housing (tentative name) in Kimpo-si;

2. Business site: D, and 46 parcels (Class 1 district unit planning zone);

3. Site area: approximately 11,293 square meters;

4. Total floor area: approximately 21,180 square meters;

5. Business scale: 2nd 15th tier above ground level below ground level below ground level (34 square 420 units, 45 square 60 units - 9 units and incidental facilities) * The total floor area above and the business scale can be changed according to the current status survey, the results of boundary survey, the district unit planning authorization of the design change or authorization authority, or the contents of the approval of the housing construction project plan.

- Article 3 (Payment of Business License Acceptance Cost)

1. Defendant B shall pay to the Plaintiff a total of KRW 19.7 billion at the acquisition cost of the project in the following manner:

Of the Plaintiff’s business investment principal of KRW 16.9 billion, loans of KRW 15.0 billion from a branch in the Han Bank in the Han Bank, shall be repaid (or succession) to a new loan to a financial institution, and the Plaintiff’s direct investment cost of KRW 1.7 billion shall be paid within 30 days from the date this contract is concluded with a new PF loan to a financial institution for purchasing the land

However, out of the loan amount of KRW 15 billion from a branch of Han Bank Han Bank, the amount equivalent to the interest accrued after July 1, 2006 until Defendant B repaid such loan (or succeeds) shall be loaned.

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