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(영문) 인천지방법원부천지원 2017.07.12 2016가단108627

원상회복청구등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 23, 2014, the Defendant entered into a joint agreement with the Defendant, as the owner of the E building in Bupyeong-si, Seocheon-gu, Seocheon-si, with a view to selling the building to others and distributing profits therefrom after the interior works as “the office facilities”.

According to the above joint project agreement, the liability for the selection and sale of the seller was borne by the defendant joining the defendant.

(Article 5 of the above Joint Project Agreement). The Intervenor’s Intervenor, based on the above Joint Project Agreement, performed duties such as selecting a sales agency for the sale of buildings E.

B. On January 9, 2016, the Plaintiff concluded the instant sales contract with the Defendant (hereinafter “instant sales contract”).

[Subject-matter of sale] 105-30 (hereinafter “instant building”) on the 10th of the 10th of the 10th of Seocheon-gu, Seocheon-gu, Seocheon-si (hereinafter “the object of sale”) [the sale price] (75,000,000 won) (excluding value-added tax) (75,000,000 won), the down payment of value-added tax of 960,000 won (total 15,960,000 won) on January 9, 2016, the intermediate payment of KRW 1,920,000 (total 31,920,000 won) on the 1,920,000 (total 31,920,000 won) on the 26,190,000 won on the 30,000,000 won on the 30,000 won on the 209,2009.

[Article 15] The plaintiff confirmed that the cooling and heating facilities are not contractual terms.

Pamplet sets and floor plans of the main commercial building are designed to help general understanding, so there is a difference from the actual ones.

C. Meanwhile, on the other hand, on December 19, 2015, the Defendant: (a) prepared and arranged “the letter of guarantee of rent revenue” to the Plaintiff; (b) the Defendant guaranteed the Defendant’s profit of KRW 1 million for 12 months from a month after the registration of ownership transfer; and (c) KRW 550,000 per month; and (d) the provision of goods free of charge.