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(영문) 수원지방법원 2016.03.24 2015가단123524
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 March 16, 2012, the Plaintiff agreed to transfer all the articles and business rights in the lease and screen golf course of Songpa-gu Seoul Metropolitan Government D and 01 “Escke golf course” operated by the Plaintiff at the time between C and C (hereinafter “instant transfer agreement”) to KRW 190,000,000,000 for transfer proceeds (hereinafter “instant transfer agreement”). The main contents of the agreement are as follows.

(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 first issued by G loan sales contract in the Yong-si Man City F, and shall be paid up to May 30, 2012. If the above matters are not performed, the contract shall be automatically cancelled, and C shall pay to 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 the H Licensed Real Estate Agent (I).

B. C: (a) On December 26, 201, the seller’s personal information is written in the seller column and the Defendant’s seal is affixed to the Plaintiff; (b) on December 26, 201, the Plaintiff entered his personal information in the buyer column; and (c) signed and sealed the buyer’s name in the buyer column. (d) The Plaintiff signed and sealed the buyer’s name.

C at the time of issuing the instant sales contract to the Plaintiff, the letter of delegation under the name of the Defendant and the certificate of personal seal impression between the Defendant and C were issued.

[Ground of recognition] The defendant does not have dispute, the entry of Gap evidence 1 to 3, the witness I's testimony, and the purport of the whole pleadings.

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