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(영문) 창원지방법원진주지원 2016.11.16 2016가합10738

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 14, 2014, C risk Haddo Co., Ltd. entered into a sales management trust agreement with the Defendant Company on the content that the Defendant Company shall preserve and manage the ownership of the instant land and officetels with respect to officetels with the total floor area of 29,103.28 square meters to be newly constructed and sold on the ground of Jindo Co., Ltd. (hereinafter “instant land”).

B. On August 28, 2014, C paid KRW 692,228,00 as the sale price to C, a corporation C, as the sales price, on the instant officetel No. 101 (110.73 square meters in the contracted area, and 14.65 square meters in the site and public land) between C, C and C, on the following grounds: Provided, That upon dividing it, C paid KRW 692,228,00 in the sale price to C, a corporation C, as the down payment; and upon entering into a contract, C, under the title of the down payment, the sales contract was paid to C, as the down payment; and the contract was concluded on November 26, 2014; < Amended by Presidential Decree No. 26324, Mar. 26, 2015; Presidential Decree No. 26500, Jul. 26, 2015; Presidential Decree No. 27891, Feb. 26, 2016>

C. On September 24, 2014, the Plaintiff, with the consent of C, C, and C, took over all the rights and obligations of D, the instant officetel as a buyer with respect to 101. On October 18, 2014, the Defendant Company entered into a contract with C, C, C, C, and C, C, C, C, and C, with the consent of the Plaintiff, changing the status of the instant officetel as a seller with respect to 101 to the Defendant Company.

In accordance with the instant sales contract, the Plaintiff extended loans from financial institutions as security No. 101 on November 26, 2014, the instant officetel’s sales contract provides loans to Defendant Company as part payments, KRW 69,220,80 on March 26, 2015, and KRW 26, July 26, 2015; and KRW 26, February 26, 2016.