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(영문) 부산고등법원 2016.12.07 2016나53275
건물명도등
Text

1. The parts concerning Defendant B and C in the judgment of the first instance, including the claims added at the trial, are as follows.

Reasons

1. Basic facts

A. The Plaintiff, the purpose of which is real estate sale and lease business, completed the registration of ownership transfer on the ground of sale and purchase on March 3, 2014, as to each of the real estate (hereinafter “instant real estate”), including each land and building listed in the separate sheet 1 and 2, as of September 3, 2014.

B. Meanwhile, on June 16, 2005, Defendant B entered into a contract for the transfer of business rights and the purchase of real estate (hereinafter “instant contract”) with M Co., Ltd. (hereinafter “M”).

M In relation to the construction project of the Han-gu Nil Complex in Busan, which the execution of M is intended, Defendant B sold the land owned by Defendant B to M in the site for the project, and the sales contract for the remaining land belonging to the above site is completed and the ownership is transferred: The land subject to purchase cost (=the purchase cost of KRW 3 billion for the service cost of KRW 1.7 billion for the transfer of the remaining land owned by Defendant B and KRW 5.2 billion for the transfer of ownership (Article 6) (i) the payment method of service cost of KRW 3 billion for the purchase of real estate and the cost of promotion for the transfer of the ownership of the remaining land owned by Defendant B) ① the payment method of the purchase price for the land already purchased by Defendant B to M by June 30, 2005, on condition that the purchaser’s name is changed to M, it shall be recognized and paid KRW 1.7 billion for the sale

② Among them, KRW 200 million shall be substituted by the amount already paid on May 10, 2005, and KRW 100 million shall be paid at the time of concluding a contract, and KRW 100 million shall be paid when the Cooperative Promotion Committee provides a sales contract or written consent to the sale and purchase, and KRW 800 million shall be paid when the contract is modified in M with regard to the land of the term contract, and the remainder KRW 500 million shall be paid after the completion of a sales

(3) The amount of KRW 2.7 billion out of the service costs shall be paid at the time of payment in lump sum (the time of implementation of the PF loan) of M, and the remainder amount of KRW 300 million shall be paid after the completion of delivery of all real estate.

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