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(영문) 서울고등법원 2014.12.12 2014나2002738
매매대금채권회수 등
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's conjunctive claim shall be dismissed at the trial.

3...

Reasons

1. Basic facts

A. The Plaintiff and A’s instant land sales contract 1) on August 23, 2010, the Plaintiff: (a) on August 23, 2010, to co-Defendant A of the first instance trial, 480 square meters out of 1,423 square meters in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City (pre-determined lot number after cadastral adjustment: D;

(2) The Defendant sold KRW 2,551,00,000 of the price, and the down payment of KRW 260,000,000,000, out of the price, was paid within 60 days after the conclusion of the contract at the same time, and agreed to receive damages for delay at the rate of KRW 5% per annum until six months after the conclusion of the contract, and 15% per annum under the Enforcement Decree of the Public Property and Commodity Management Act (hereinafter “the instant transaction”).

(2) On August 13, 2010, the Plaintiff received KRW 130,00,000, out of the down payment from A, and on August 23, 2010, the remainder of the down payment was paid KRW 130,000,000. On November 17, 2010, the Plaintiff was paid KRW 8,159,720, and appropriated for repayment of KRW 251,840,280, out of the principal and interest.

Accordingly, the remaining purchase price for the Plaintiff A is equivalent to KRW 2,039,159,720 and delay damages.

3) On August 17, 2011, the Plaintiff prepared and sent a written consent for land use so that A may build a new building on the instant land. (b) On October 28, 2010, A implementing the New Building Construction Project, on the instant land, a building on the attached list of the size of 1st, 8th, and 1,990 square meters of underground floor on the instant land (hereinafter “instant building”).

(C) On August 17, 201, the Seoul Special Metropolitan City Construction Co., Ltd. (hereinafter referred to as “Special Metropolitan City Construction”) was granted a building permit to set up a Special Metropolitan City Construction.

B) As to the construction cost of the instant new building, a contract was concluded between August 25, 201 and April 30, 201, under which the construction cost of the instant new building was KRW 2.5 billion and the construction period was fixed from August 25, 201 to April 30, 2012. (c) A and a contract was concluded under which the security trust contract, such as Nowon-gu Community Credit Union, and a fund management agency contract, are to be made on September 1, 201 to raise funds for the said new construction project.

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