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(영문) 서울고등법원 2015.11.26 2014나2037543
정산금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

2...

Reasons

1. Basic facts

A. On January 10, 2004, the original Defendant: (a) as a broker of D on January 10, 2004, purchased and sold C salt farm; and (b) as a broker of D on January 10, 204, the original Defendant is 17,841 square meters (5,397 square meters; hereinafter “C salt farm”).

The details of the payment of the down payment, intermediate payment, and remainder are as follows. The actual payment date of the contract amount is KRW 60,000,000 at the time of the contract for the down payment, which is KRW 60,000 at the time of the contract for the down payment, (1) the intermediate payment of KRW 20,000,000 at the time of the contract for the down payment, (2) the intermediate payment of KRW 10,000 at the time of the intermediate payment of KRW 30,000 on February 10, 204; and (3) the intermediate payment of KRW 100,000,000 at the time of the resale to the Z, KRW 30,000,000 on January 27, 200, KRW 200, KRW 300,000 on the aggregate of KRW 100,000, KRW 300,304; and

However, on February 21, 2004, the original Defendant rescinded the resale agreement with the Z, and accordingly, paid a penalty of KRW 50,000,000 to the Z. On the other hand, the original Defendant returned KRW 390,000,000 received as down payment and intermediate payment as above.

3) On April 6, 2004, the original Defendant divided C salt farm into 3,306 square meters (hereinafter “C salt farm”), F 2,311 square meters, G salt farm 2,312 square meters, H salt farm 3,306 square meters, I salt farm 2,311 square meters, J salt farm 2,312 square meters, K salt farm 2,312 square meters, and K salt farm 1,983 square meters. On the other hand, part of the land is to be owned by the original Defendant as a settlement of each person’s investment money, and the purchase price of C salt farm was to be paid with the resale price of 1,300 square meters. The original Defendant paid KRW 300,000,000,000,000,000 for each piece of land as follows.

the date of resale of the parcel;

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