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(영문) 울산지방법원 2016.06.15 2015나22502
법인양수도대금 등
Text

1. Of the judgment of the court of first instance, the part against Defendant C Co., Ltd. exceeding the amount ordered to be paid below.

Reasons

1. The reasoning for the court’s explanation on this part of the basic facts is as stated in the corresponding part of the judgment of the first instance (including attached documents), and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Claim against the defendant B

A. (1) Determination as to the cause of the claim (1) Where it is reasonable to view that, with respect to a juristic act attached to a sub-subsidiary, if the facts indicated in the sub-subsidiary do not occur, the obligation should be deemed as a condition, and where it is reasonable to view that the obligation should be fulfilled even if the facts indicated have occurred and the non-performance thereof has become final and conclusive, it shall be deemed that the existence of the indicated facts has become final and conclusive

Therefore, in cases where certain facts are attached to the repayment of the obligation already borne, barring special circumstances, it shall be deferred and the time period shall expire when the fact occurs or it becomes final and conclusive as not to occur.

(2) The Plaintiff and Defendant B paid KRW 300,000,000 in total as the price for the instant contract to the Plaintiff (see, e.g., Supreme Court Decision 2003Da24215, Aug. 19, 2003). ② The Plaintiff and Defendant B, under the instant contract, shall be determined on June 31, 2012 as to the payment date of the remainder of KRW 20,000,000 among the price for the instant contract, and shall be paid to the Plaintiff at the time when the establishment and cancellation of provisional registration of a building due to land dispute and other claims settlement, and the court ruling is completed, and there is no objection to civil or criminal charges (hereinafter referred to as the “Supplementary officer of this case”). ③ The Plaintiff paid the Plaintiff a sum of KRW 280,00,000 in total as the intermediate payment, ④ the Plaintiff and the Defendant Company sell the instant land from the instant conciliation to the time of the sale of the instant land to March 31, 2013.

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