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(영문) 대구지방법원 2020.01.15 2018가단130883

손해배상(기)

Text

1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. A 20,000,000 B 15,000,000 K 30,000,000 D 15,000,000 J 15,000,000 J 15,000 E 15,000,000 G 115,000,000 F 15,000,000 H 40,000,000 H 60,000,000 C 60,000,000,00 I 35,000,000

A. On July 13, 2016, the Plaintiffs entered into a real estate sales contract with the N Co., Ltd. (hereinafter “N”) and the P Co., Ltd. (hereinafter “N”) located in Busan Shipping Daegu (hereinafter “instant commercial building”) on part of the P Co., Ltd. (hereinafter “M”), and transferred KRW 400,000,000 for the down payment as listed in the following table to N via Q Real Estate Economic Research Institute and M pursuant to the said contract.

B. On July 19, 2016, the Defendant also concluded a real estate sales contract with N and the instant commercial buildings with respect to Rho Lake and S as a buying agent.

C. N has entrusted KRW 400 million to T Co., Ltd. (hereinafter “T”) received down payment from the Plaintiffs according to the real estate sales contract with the Plaintiffs.

However, N did not acquire the right of vicarious sale stipulated in each of the above sales contracts, and each of the sales contracts becomes impossible to perform.

Q, the representative director of M, on October 21, 2016, requested on October 21, 2016 to return trust money of KRW 400 million (hereinafter “instant trust money”) to the joint account opened by the Plaintiff (Appointed Party) and the designated parties (hereinafter “instant trust money”).

The receipt of a written request for payment of money deposited in trust: Q subject matter sent in front of the person in charge of the trust of T company: The sender of the contract for sale and purchase of the above subject matter, which was the delivery of Q-type O 3, 4 U, 5, W, X, R, and S, Busan Metropolitan City Shipping Daegu, and the principal, who was the delivery of the contract for sale and purchase of the subject matter, shall, on July 13, 2016, request the buyer to return the down payment and the purchase and sale price deposited in the trust to the joint account opened by the Plaintiffs 11, as the contract for sale and purchase of the subject matter was terminated.