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(영문) 의정부지방법원고양지원 2014.04.30 2013가합8205

차용금 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that provides real estate consulting services, sales agency services, etc., and C is the representative director of the Plaintiff.

B. On March 24, 2011, C entered into a sales contract with the Defendant to purchase a purchase price of KRW 317 million from D forest land (hereinafter “instant sales contract”) at the time of the strike owned by the Defendant (hereinafter “each of the instant lands”) from the Defendant, the Plaintiff entered into a sales contract with the Defendant to purchase the purchase price of KRW 778 square meters (hereinafter “each of the instant lands”) of D forest land at the time of strike owned by the Defendant, namely, KRW 679 square meters, F forest land, and KRW 45 square meters; hereinafter “each of the instant lands”). The contract deposit is paid KRW 37 million at the time of the contract, the intermediate payment shall be paid KRW 10 million on March 25, 201, and the following matters are stipulated under a special agreement:

[Matters of Special Agreement]

1. The balance shall be settled first when sold in lots after completion;

2. The interest for an intermediate payment (190 million won) shall be borne by the buyer.

3. He shall actively cooperate with the seller in the settlement of taxes; and

4. A seller shall actively cooperate when the purchaser requests authorization and permission documents necessary for the construction work;

C. On June 15, 2011, the Plaintiff and G drafted a written construction contract stating that multi-household housing (hereinafter “multi-household housing in this case”) on each of the instant land is KRW 830,60,000 (value 76,000,000 won of supply, value 76,000,000 won of value 76,000 won of value ), and the construction period will be newly constructed from August 10, 201 to December 10, 201.

(hereinafter referred to as the “instant contract” and the “instant contract” under the instant contract. D.

The Defendant issued a certificate of personal seal impression on July 4, 2012 to G (the Defendant’s wife). G was the Plaintiff on July 9, 2012, with the power of delegation, stating that “All powers relating to the new construction of multi-household housing on the instant land shall be delegated as follows” and “the instant power of delegation”) and “the new construction of multi-household housing on the instant land.”