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(영문) 광주지방법원 2016.12.23 2015가단530831 (1)
채무부존재확인
Text

1. The defendant shall receive KRW 152,000,000 from the plaintiff, and at the same time real estate stated in the separate sheet to the plaintiff.

Reasons

1. Basic facts

A. On April 28, 2007, the Defendant (formerly, Korea-U.S. General Construction Company) and Nonparty A entered into a service contract with the Plaintiff on behalf of the Plaintiff for the purchase of the housing construction site in Gwangju-dong-gu and 87 lots of land (hereinafter “instant project site”) and for receiving KRW 1,00,000,000 as service fees (hereinafter “instant service contract”).

B. Article 3(1) of the Terms and Conditions of the instant service contract, separate from the instant project site, the Plaintiff entered into a sales contract with the Defendant to purchase each of the real estate listed in the separate sheet from the purchase price of KRW 152,00,000 (hereinafter “instant sales contract”). The registered titleholder of each of the real estate listed in the separate sheet was a third party.

C. On November 13, 2007, the Plaintiff obtained approval of the housing construction project plan for the instant site from the head of the Dong-gu Gwangju Metropolitan City, and the Defendant received KRW 710,100,000 in total as service fees from May 2, 2008 to October 12, 2009.

On the other hand, before November 13, 2007, the Defendant provided the Plaintiff with documents necessary for the registration of transfer of ownership pursuant to the instant sales contract, on or before the date when the approval of the housing construction project plan for the instant project site was obtained

E. On May 12, 201, Nonparty A transferred to the Defendant all claims against the Plaintiff relating to the instant service agreement, and at that time notified the Plaintiff of the assignment of claims.

F. As the Plaintiff did not pay the remainder of service fees, etc. under the instant service contract, the Defendant filed a lawsuit against the Plaintiff on June 201 against the Gwangju District Court 201Gahap7132, claiming the remainder of service fees under the instant service contract and the purchase price under the instant sales contract.

G. On August 24, 2012, the above court held that the Plaintiff’s 434,50,000 won and the Defendant’s 426,30,000 won out of the said money (including KRW 152,00,000 under the instant sales contract).

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