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(영문) 울산지방법원 2016.11.08 2015가단30298

구상금

Text

1. The plaintiff's main claim is dismissed.

2. The Plaintiff, Defendant B, Defendant C, and Defendant C, KRW 9.5 million, respectively.

Reasons

1. Basic facts

A. 1) The Plaintiff and the Defendants provided money to each of the instant land around February 2015, the Plaintiff and the Defendants: (a) and (b) G real estate (hereinafter “instant land”).

(2) The Plaintiff and the Defendants purchased the instant land around May 19, 2005 and completed the registration of ownership transfer on June 1, 2005.

B. Around February 2015, the Plaintiff delegated Defendant B with the authority to sell the instant land, and Defendant B sold the instant land on behalf of the Plaintiff on February 16, 2015. The part related to the instant sales contract is as follows (hereinafter “instant sales contract”).

(2) The Plaintiff sells the instant land to H at KRW 346 million. H sells the instant land to H. The Plaintiff the remainder KRW 50 million on the date of the contract, and KRW 296 million on April 30, 2015. The seller compensates the Plaintiff for the amount double the down payment, the buyer gives up the down payment, and does not claim the return of the down payment, and the contract is cancelled. The seller pays the down payment to the Defendant B at the time of the conclusion of the instant contract, and the Defendant B returned the down payment KRW 50 million to H in terms of development costs.

3) Of the remaining down payment of KRW 25 million, the Plaintiff and Defendant C received KRW 9.5 million each, and Defendant B received KRW 6 million each. (C) Although H paid the down payment, the Plaintiff did not provide the documents related to the authorization and permission stipulated in the instant sales contract, and H did not cancel the instant sales contract against the Plaintiff at the Ulsan District Court 2015No9836.