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(영문) 대구고등법원 2017.08.31 2016나1138
매매대금 등
Text

1. Of the judgment of the court of first instance, KRW 410,684,50 against the Plaintiff as to the Defendant and its related amount, from March 26, 2016 to August 31, 2017.

Reasons

1. The facts following the facts of recognition do not conflict between the parties, or can be acknowledged by the respective entries in Gap evidence 1 to 6, 8 to 11, and Eul evidence 1 to 27 (including the number when it is not specially indicated; hereinafter the same shall apply) and the whole purport of pleadings, and there is no counter-proof.

On August 6, 2007, the Plaintiff decided to sell to G Co., Ltd. (hereinafter referred to as “G”) 2913m2, D forest land 729m2, E forest land 133m2 (hereinafter referred to as “facilities”) in Kimcheon-si, Kimcheon-si, Kimcheon-si, and around that time, registered the right to claim ownership transfer as to C and D forest land.

B. On November 201, 201, while the above sales contract was not implemented for a long period, the Defendant received a claim for ownership transfer registration under the above sales contract from G from G to December 21, 201, and on December 21, 2011, between the Plaintiff and the Plaintiff, as follows, an agreement (Evidence 5) regarding the agreement (hereinafter “instant agreement”): The transfer of ownership and apartment houses due to the sale of the said real estate as to C, D, and E are agreed upon as follows:

1. The plaintiff shall register the transfer of ownership to the defendant who was transferred a provisional registration of the above real estate from G with the following contents:

Sales amount: Amount of KRW 1,030,000 for the accounts of KRW 100,000: Amount of KRW 380,000,000 for the accounts of KRW 300,000 for the accounts: KRW 550,000 for the accounts of KRW 10,000 for the accounts; and

2. The down payment and the intermediate payment shall be paid in full in lieu of the right to collateral security, provisional seizure, interest, etc. that the Plaintiff becomes the debtor, and the balance shall be paid at the time when the collective housing business of the said land is completed.

3. The promotion of the above real estate business, all administrative approval, permission, design, etc. are responsible and carried out by the defendant, but when the permission is not granted even if the best efforts are not approved, the purchase price shall not be discussed.

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