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(영문) 서울고등법원 2017.06.16 2017나2001323
전부금
Text

1. Of the judgment of the court of first instance, the part against the defendant ordering payment exceeding the following part ordering payment.

Reasons

1. Basic facts

A. The sales contract between the Defendant and C is 1) C (hereinafter “C”).

2) The project for the construction and sale of apartments (hereinafter referred to as the “instant project”).

On March 9, 2005, the Defendant purchased from the Defendant all obstacles, such as land E, F land, G land, H land, H land, 3,296.5 shares in D, and its ground buildings, in total, KRW 1,605,950,00 (hereinafter “instant sales contract”).

(2) According to the above sales contract, C paid the above purchase price in full to the Defendant, and completed the registration of ownership transfer on May 4, 2006 with respect to the remaining land except H land among the above land.

3) Of 120 square meters in Gu, Gu, Si, Si, si, si, si, si, Do, 44 square meters was divided into M& land and incorporated into the instant project site on October 21, 2015, and only was donated at Gu, Gu, Si, Si, and Gu. The remaining land is unregistered and written by J et al., the Defendant’s land cadastre and seven (7) owners (hereinafter “instant H land”).

B) On September 13, 2010, the Plaintiff’s order for payment against C was issued by the Seoul Central District Court 2010 tea67483, and the payment order was issued by the above court on the 27th day of the same month, and the above payment order became final and conclusive on October 20 of the same year. (C) The Plaintiff applied for the attachment and assignment order against C as Seoul Central District Court 2015TTT5028, based on the original copy of the above payment order, for the attachment and assignment order as KRW 525,842,274, and the obligor as C and the third obligor as the Defendant for the attachment and assignment order as to the following claims owed by C:

In a case where the real estate sales contract was terminated on March 9, 2005 between C and the defendant as to the indication of claims to be attached and all, C shall be 320,150,000 won for real estate sales, which is a claim claim to be received by the defendant.

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