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(영문) 수원지방법원 2015.11.13 2015가합2037

구상금 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

The plaintiff asserts that the defendant is obligated to pay the total amount of KRW 340,083,500,000 out of the sales price of each of the above real estate to the plaintiff as the sales price of the above real estate to the new real estate trust, because the plaintiff purchased the shares of KRW 212 and 213-1 (hereinafter the "each of the above real estate of this case") from the Young-gu, Young-gu, Young-gu, 202 commercial building B 302 commercial building (hereinafter the "new real estate trust").

According to each statement of Gap evidence Nos. 2 through 5 (including a serial number), the defendant purchased each of the real estate of this case from a new real estate trust on December 22, 201 and completed each registration of transfer on December 29, 2011, and the plaintiff entered into a sales agency contract with a new real estate reconstruction maintenance and improvement project association on June 27, 201, remitted KRW 700,200,000 to the bank account of the new real estate trust on the same day as a contract deposit; on December 22, 2011, the fact that deposit of KRW 3,00,000 was made in the name of the defendant in the bank account of the new real estate trust account of the new real estate trust on December 22, 2011; however, the above facts alone agreed to offset the contract deposit between the plaintiff and the new real estate trust by an equal amount of KRW 337,083,500 among the sales price of each of the above real estate.

It is not sufficient to recognize that KRW 3,000,000 deposited in the account of the living real estate trust in the name of the defendant or in the name of the defendant was remitted by the plaintiff, and there is no other evidence to acknowledge

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.