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(영문) 의정부지방법원 2015.02.10 2012가단55204

손해배상(기)

Text

1. Defendant C’s KRW 43,900,000 and its amount are 5% per annum from October 22, 2012 to February 10, 2015.

Reasons

1. Facts of recognition;

A. D is the owner of “each of the instant real estate” in Jeju City E, F, G, H, I, J, K, L, M, N,O, P, and Q (hereinafter collectively referred to as “each of the instant real estate”), and Defendant C is the representative director of S, Inc., a real estate development company, who is a real estate development company.

B. Around December 5, 2005, D and Defendant C concluded a sales contract with the purchase price of KRW 450 million with respect to each of the instant real estate at KRW 450 million (payment date December 5, 2005), the first intermediate payment of KRW 50 million (payment date December 14, 2005), the second intermediate payment of KRW 150 million (payment date January 31, 2006), the remainder of KRW 20 million (payment date February 28, 2006), and the remainder of KRW 20 million (payment date) were to be paid on each payment date, and the purchaser concluded a sales contract with Defendant C’s mother and Nonparty 12 (payment date) with respect to each of the instant real estate at the time of permission for land transaction as a special agreement, each of which was designated by the buyer and the remainder of the intermediate payment of KRW 1,200,000 upon receipt of each of the buyer’s intermediate payment and the intermediate payment.

C. On December 5, 2005, at the time of entering into the above sales contract, D and Defendant C all of the instant real estate were located within the land transaction permission zone, and the said sales contract provides that “the documents on the transfer of ownership shall be designated as the buyer for each parcel,” and that “this location shall be treated as a provisional disposition or collateral security if it is impossible to obtain the land transaction permission or permission after obtaining the land transaction permission.”

Defendant C, on behalf of D on April 24, 2008, entered into a sales contract with the Plaintiff and Q 2 lots (hereinafter “instant land”) of each of the instant real estate (hereinafter “instant sales contract”) with the purchase price of KRW 43.9 million, and on behalf of D, February 2006.