(영문) 서울고등법원 2015.12.10 2015나2023473

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(영문) 서울고등법원 2015.12.10 2015나2023473

정산금 등

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1. Of the part regarding the counterclaim against the judgment of the court of first instance, KRW 736,801,572 against the Defendant (Counterclaim Defendant).

Reasons

1. Case summary

A. The principal lawsuit case is the case where the Plaintiff, the assignee of the right to newly built apartment sales business, settled the “paid transfer price and the Defendant’s land price” and “the portion exceeding the agreed purchase price of the total land price” that the Plaintiff agreed to deduct from the above transfer price, etc., the Defendant shall return the amount (i.e., the amount (ii) and sought payment of KRW 400 million as part of the settlement amount, and sought a return of unjust enrichment of KRW 150 million that the Defendant paid as the termination cost of provisional registration to be borne by the Defendant on behalf of the Defendant.

B. Counterclaim case is the case where the Defendant seeks payment of KRW 600 million to the Plaintiff for the unpaid transfer price of the right to newly construct and sell an apartment and KRW 2,05,518,000 paid by the Defendant for the said business.

2. Presumption

A. 1) A Co., Ltd. (hereinafter “C”)

A) On October 2, 2006, the Defendant (E, like C, is the representative director) on June 14, 2010 after obtaining approval for the housing construction project plan to build and sell an apartment in the Jeju-si D, Chungcheongnam-si, and then on June 14, 2010.

(2) The Defendant concluded a sales contract with the props and paid the down payment, and submitted a written consent for the use of the props in the name of the Defendant, but the progress of the business was suspended (after revocation).

After that, on August 5, 2013, the Defendant entered into an agreement with the Plaintiff to pay the land price of KRW 1 billion and the Defendant’s transfer of all business rights, including the status of purchaser of the project site, and attached a list of land under the agreement on the details of the project site (the classification, lot number, land category, area, and original owner are the same as the list in the attached Table; hereinafter “instant project site”).

The contents of the contract are as follows, and are set forth in the attached list of land.

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