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(영문) 서울고등법원 2016.08.19 2016나2021474

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The following facts of the case are acknowledged as having no dispute between the parties, or as having comprehensively taken account of the overall purport of the pleadings in each entry in Gap evidence Nos. 1 and 2-1 to 4.

(1) A contract shall be entered into between the Plaintiff and the lessor and C and a separate contract shall be prepared.

(2) A person shall be paid KRW 10 million as down payment, the remainder of KRW 180,000 shall be issued preferentially by the GGGGGGG loan sale contract in Yong-si, GGGL, and by May 30, 2012. If the above matters are not fulfilled, the contract shall be automatically cancelled, and C shall pay the Plaintiff KRW 50,000 as penalty.

(3) C shall pay C the full amount of monthly rent, public charges, and other expenses at the time of taking over a Esc golf course by March 16, 2012, and C shall take over the monthly rental cost as of March 30, 2012.

(4) All documents, such as contracts and contracts between a lessor and a C, shall be delivered to H Licensed Real Estate Agent (I).

On March 16, 2012, the Plaintiff entered into a contract with C to transfer the right of lease, goodwill, facilities, and house fixtures, etc. with respect to the “Esc golf course” (hereinafter “instant transfer contract”) operated by the Plaintiff at the time, to KRW 190 million (hereinafter “instant transfer contract”).

The main contents thereof are as follows:

B. Upon entering into the instant transfer contract, C entered the Plaintiff’s personal information in the seller’s column, affixed the Defendant’s seal, and delivered the sales contract to the Plaintiff on December 26, 2011 (hereinafter “instant sales contract”). The Plaintiff entered his personal information in the buyer’s column, and signed and sealed by I below.

C at the time of preparing and delivering the instant sales contract to the Plaintiff, the letter of delegation under the name of the Defendant and the certificate of personal seal impression attached thereto.

The sale area of F land category of Gyeonggi-do is 34.39 square meters (1.37 square meters) in the site area of F land category in Gyeonggi-do, Gyeonggi-do, 81.