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Reasons
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(영문) 대구고등법원 2017.12.15 2017나22392
대여금
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1. The judgment of the court of first instance is modified as follows.

Defendant (Counterclaim Plaintiff) and Defendant C shall be jointly and severally.

Reasons

1. Basic facts

A. On May 24, 2013, the Plaintiff purchased a factory site of 1,538 square meters in Daegu-gun (hereinafter “D”) and the aforementioned E factory site of 1,517 square meters (hereinafter “E land”). ② On September 13, 2013, the Plaintiff obtained a building permit for constructing one factory building on the aforementioned factory site, and ③ on October 7, 2013, the construction was commenced on October 7, 2013. The Plaintiff received a building permit for a factory of 492 square meters in size (hereinafter “Adong building”) of 1,538 square meters in a size of 492 square meters in a factory (a factory building located on the south side) and 1,517 square meters in a size of 20 square meters in a general steel structure structure and 200 square meters in a manufacturing facility of 1,517 square meters in a building on the instant land (hereinafter “Adong building”) and 1,5202 square meters in a building on the boundary of 20.

B. On February 17, 2015, the Plaintiff entered into a contract with Defendant B to sell the Plaintiff’s land and building Adong, land E, and building B attached thereto (hereinafter collectively referred to as “instant real estate”), owned by the Plaintiff, to KRW 1,630,000,000 (Evidence 1; hereinafter referred to as “instant sales contract”).

The main contents of the instant sales contract are as follows.

A factory sales contract

1. Land and buildings A Dong, E, and buildings attached thereto, which indicate D real estate and buildings attached thereto;

2.With respect to the sale of the above real estate, the seller and the buyer, by agreement, pay the sales amount as follows.

Sales proceeds: KRW 1,630,00,000 down payment of KRW 15,00,000 shall be paid at the time of the contract (The Young-man Plaintiff). The intermediate payment of KRW 148,000,000 shall be paid on March 5, 2015.

Any balance of KRW 1,467,00,000 shall be paid on March 12, 2015.

Article 2 (Transfer, etc. of Ownership) The seller shall receive the balance of the purchase price from the buyer at the same time.

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