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(영문) 대전지방법원 2021.01.21 2019나113152
약정금
Text

All appeals by the defendants are dismissed.

The costs of appeal shall be borne by the Defendants.

The purport of the claim and the appeal.

Reasons

1. Facts of recognition;

A. On March 29, 2002, the Plaintiff entered into a sales contract for sale of land E, F land, J land, K land, and L land (hereinafter “instant land”, and each of the instant land is divided into two hundred and sixty million won (hereinafter “the instant sales contract”) with G, D, H, and I, selling the purchase price of KRW 27,65 million to G, H, and I (hereinafter “the instant sales contract”). Of the down payment of KRW 90 million, the Plaintiff received KRW 600,000,000 in cash and KRW 18,50,000 at the same face value, and the remainder of KRW 65,50,000,000,000 was paid for the issuance of a document for the transfer of ownership of the instant land, and the intermediate payment was substituted for the transfer of ownership to one household out of the land constructed in lieu of land E and F, and decided to use the remainder of the land to be transferred to J. 1.

B. S, a substantial purchaser of the instant land based on the instant sales contract, was performing the construction work of newly constructing the instant land lending (hereinafter “the instant construction work”) from the time following the said purchase date.

Meanwhile, in order to guarantee the payment of the purchase price under the instant sales contract, the Plaintiff was the owner of the newly constructed loan as the Plaintiff.

(c)

In the process of the instant construction, Defendant B received a contract for the instant construction from S, and performed the construction work through Q, who is an employee, and exercised the right of retention in Q. Since the payment of the construction cost was not received from S, in 2006, Defendant B filed a lawsuit claiming construction cost under the Seoul Southern District Court 2006 Joint 22501 and filed a lawsuit claiming construction cost with Q in the said lawsuit, and the conciliation was established that R paid KRW 220 million to Q on April 30, 2007.

(d)

Since then, on the land E and F land, N and O Dong were newly built, and due to the commission of registration of provisional attachment on M lending P on April 6, 2007, the registration of ownership preservation was completed in the Plaintiff’s future.

E. The plaintiff is S.

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