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(영문) 수원지방법원 2017.02.03 2015가합62787

손해배상(기)

Text

1. The defendant,

A. The Plaintiff A’s KRW 315,00,000 and the annual rate of KRW 5% from March 22, 2008 to February 3, 2017, respectively.

Reasons

1. Basic facts

A. On June 21, 2006, Plaintiff B, a representative director of the Defendant, entered into a sales contract (hereinafter “instant sales contract”) with D to sell 505 square meters and F 721 square meters (hereinafter “each of the instant lands”) with the Defendant’s representative director, and entered into a sales contract (hereinafter “instant sales contract”). The Plaintiff B, a representative director of the Defendant, entered into an agreement (No. 2). The main contents are as follows.

The purchase price shall be KRW 350,000,000, and D on the day of sale shall pay KRW 50,000 to Plaintiff A.

D shall pay the balance of KRW 300 million to the Plaintiff A in cash until September 31, 2006.

D In order to guarantee the balance, D shall issue a written completion payment contract for H apartment 8 (30 square meters) households on the third ground lots outside Yangcheon-gu Seoul Metropolitan Government, which were constructed by D to Plaintiff A for the guarantee of the remainder.

B. At the time of the conclusion of the instant sales contract, the owner of each of the instant lands is the first village housing company, and the Plaintiff was the provisional disposition authority for each of the instant lands, and at the time, several provisional dispositions were completed in addition to the provisional disposition registration of Plaintiff A for each of the instant lands.

In this regard, D prepared a cash storage certificate (Evidence A No. 3) for KRW 250 million in the name of the Defendant to Plaintiff B on the date of concluding the instant sales contract, and its main contents are as follows.

2.50 million won is a part of the amount consulted with the Plaintiff A, who is the provisional disposition right holder of each of the instant lands, to pay the said KRW 2.5 million to the legal settlement of land problems and any balance arising from the transfer of ownership by carrying out the business of cancelling the ownership and transferring the ownership. < Amended by Act No. 786, Dec. 31, 2006>

C. D on June 26, 2006, as security for the remainder of KRW 300 million under the instant sales contract, stated D as “D on September 26, 2006,” but it is clear that it is a clerical error of “ September 30, 2006” as security for the remainder of KRW 300 million under the instant sales contract.

If the remainder is not paid to H apartment (Nos. 106, 406, 605, 705, and 805) is not paid, Plaintiff A.