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(영문) 울산지방법원 2018.04.11 2017나1547

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On October 2, 199, the F acquired the ownership of land and buildings D and E in the name of Ulsan-gun, Ulsan-gun, Ulsan-do (hereinafter “instant real estate”), but the auction procedure commenced on February 11, 2009 due to economic difficulties. The F borrowed the Defendant’s name and was awarded a successful bid on October 14, 2009.

B. On May 26, 2015, the Defendant: (a) prepared a power of attorney (hereinafter “instant power of attorney”); (b) attached a certificate of personal seal impression issued by the head of Ulsan-gu Idong; and (c) issued it to F.

Matters of special agreement

1. Sheeting on the surface after removing the tank in the factory;

2. The inner floor of a water boundary point of a factory shall be packed after cleaning of garbage;

C. On May 27, 2015, the Plaintiff decided to purchase the instant factory from F, called the Defendant’s agent, for KRW 800 million, and entered into a sales contract with the following special agreements (hereinafter “instant special agreement”) (hereinafter “instant sales contract”).

The Plaintiff paid 80 million won to F as down payment on the day of the conclusion of the instant sales contract, and paid all remainder to the Defendant on July 31, 2015, and completed the registration of ownership transfer in the name of the Plaintiff on the same day.

Each letter, F and the purchaser of the real estate of this case promise as follows.

At present, external concrete and various objects are removed and the floor is cleanly disposed of outside concrete and objects outside the factory facilities.

(for the floor steel reinforced concrete with a length of 20cm). The construction cost will be claimed in full when the above construction is not implemented.

If the delivery of a factory passes after the payment date of the remainder, the request shall be made by the delivery date on the basis of the cost of the daily (building standard) and the monthly account.

E. As of August 24, 2015, F prepared and delivered to the Plaintiff a letter of commitment as follows:

(f).