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(영문) 의정부지방법원 2019.10.17 2018나5011
공사대금
Text

1. The plaintiff's appeal against the defendant (appointed party) B and the appointed party C is dismissed in entirety.

2. The appeal costs are assessed against the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 8, 2007, Defendant C acquired six lots of land (3,947 square meters in the first land on November 13, 2009 and 45 square meters in an O factory site were divided into two lots of land divided; hereinafter “instant land”; seven lots of land except H land, hereinafter “instant factory site”), and received money from P due to insufficient funds.

B. Defendant C sold part of the land in the instant case to Qua, etc. in the amount of KRW 2.5 billion on March 6, 2008, when the project funds were continuously insufficient, Defendant C newly built four factories in the instant land, and Defendant C newly built one factory, respectively.

C. Around December 7, 2009, Defendant C added the following matters at the time of the change of the content of the sales contract on December 21, 2009 to R Co., Ltd. (hereinafter “Nonindicted Co., Ltd”) (hereinafter “Nonindicted Co., Ltd”).

B. The above five factories (hereinafter collectively combining land and factories) sold at KRW 3.950 million (hereinafter “instant real estate sales contract”), and the specific contents thereof are as follows: Q, P, and the Plaintiff’s contract deposit amount of KRW 3.95 billion (3 billion) shall be KRW 300 million; (1) KRW 50 million shall be paid on a daily basis; and (2) KRW 250 million shall be paid on the date a written approval for the establishment of a factory acquired under Q Q under the current name of a buyer by changing the name of a buyer and obtaining land transaction permission. (3) If the land transaction permission is impossible, this contract shall be terminated and the seller shall immediately refund the money received as the down payment. (2) The intermediate payment of KRW 3.2 billion shall be paid as follows:

(1) 300 million won shall be paid by the end of February 2010, and (2) 300 million won shall be paid by the end of April 2010, and (3) 2.6 billion won shall be paid by the seller as the debtor and the buyer shall be the buyer from the bank (AE) as security.

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