손해배상(기) 등
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On July 3, 2008, the Plaintiff entered into a sales contract with D with regard to each real estate listed in the separate list of real estate owned by D (hereinafter referred to as “instant land,” and the real estate listed in paragraph (2) of the aforementioned list as indicated in the separate list of real estate owned by D (hereinafter referred to as “instant building,” and collectively referred to as “each of the instant real estate”), with regard to purchase price of KRW 650 million.
(hereinafter “instant sales contract”). B.
On August 11, 2008, the Defendant entered into a lease agreement between D and D with respect to the building of this case with a lease deposit of KRW 25 million, term of lease from September 20, 2008 to September 19, 2010, and paid all the lease deposit.
On September 18, 2010, the term of lease extended until September 19, 2011, and the lease deposit was increased by KRW 45 million plus KRW 20 million that the Defendant paid to D due to the cost of change in the use of the instant land.
(after that, the term of lease was extended by September 18, 2012).
The Plaintiff entered into a sales contract with the Defendant for each of the instant real estate in the name of March 10, 201, when the registration of ownership transfer with respect to each of the instant real estate was not completed.
In this sales contract, the Plaintiff and the Defendant agreed to pay the down payment of KRW 20 million on the date of the contract, and the intermediate payment of KRW 380 million,00,000,000,000,000 for each of the instant real property, in lieu of the Defendant’s acceptance of the secured debt of KRW 380,000,000 for the secured debt under the name of the Gwangju Agricultural Cooperative, established on January 16, 2008, and the remainder of KRW 500,000,000,000,000,000,000,00
(hereinafter “the 2nd sales contract”) D.
The plaintiff filed a lawsuit for ownership transfer registration against Suwon District Court Sung-nam Branch D, and the above court (2013Gahap7048) on May 2, 2014 "D" is KRW 50 million from the plaintiff.