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(영문) 수원지방법원 2016.06.23 2014가단6714

손해배상(기)

Text

1. The Plaintiff:

A. Defendant B’s KRW 70,000,000 as well as 5% per annum from February 20, 2014 to June 23, 2016.

Reasons

1. Basic facts

A. The instant real estate was originally owned by H. on September 10, 209, when Defendant B, who was working as the representative director, the company I (hereinafter “I”) with approximately KRW 97,581 square meters outside Gyeonggi-gu, Gyeonggi-do, and KRW 200 million, selling the instant real estate as KRW 2 billion, while selling the down payment with KRW 200,000,000,000,000 on the day of the contract, intermediate payment, KRW 1 billion,000,000,000,000,000,000,000,000,000,000 won, and KRW 80,000,000,000,000,000,000,000 won (hereinafter “the instant real estate”).

H has prepared and issued a power of attorney to delegate the sale of real estate and the sale of real estate to I on the same day.

B. On November 3, 2009, the Plaintiff purchased 661 square meters of the instant real estate from Defendant B as sales price of KRW 70 million, and the sales price shall be paid to the agricultural bank account in the name of Defendant C, a certified judicial scrivener. As a special agreement, the Plaintiff determined the content of “the infrastructure in the complex 8m, 6m road packing and sewage pipeline construction,” and the entry bridge construction is 6m.

(hereinafter “instant sales contract.” However, the instant sales contract does not complete road packaging, sewage pipeline construction, entry bridge construction, etc. according to the instant sales contract.

C. On November 3, 2009, Defendant C prepared and issued to the Plaintiff a certificate of guarantee that “I will guarantee the registration of ownership transfer at the time of delegation to the principal office with all documents necessary for the procedures for the registration of ownership transfer after the buyer deposits each purchase price into the agricultural cooperative account specified in the contract under the purchaser’s name with respect to the sale of the non-real estate land of this case.”

(hereinafter “instant letter of guarantee”). D.

On November 3, 2009, KRW 5,000,000, and November 4, 2009, the Plaintiff’s account in the name of Defendant C with the agricultural bank account in the name of Defendant C.