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(영문) 의정부지방법원고양지원 2015.01.22 2014가단52936
손해배상(기)
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 49,00,000 and the Defendant Company against this. The Defendants were from January 8, 2015.

Reasons

1. The following facts are acknowledged among the Plaintiff and the Defendant Incorporated Company (hereinafter “Defendant 1”), by taking account of the overall purport of each of the statements and arguments set forth in subparagraphs 1 through 5 (including partial numbers), and between the Plaintiff and the Defendant Incorporated Construction Company (hereinafter “Defendant 2”) pursuant to Article 150 of the Civil Procedure Act, it is deemed that Defendant 2 led to confession.

A. On March 10, 2006, B purchased the instant building and the instant building (hereinafter collectively referred to as the “instant building”) that had been newly built on the land in Gyeyang-gu, Seoyang-gu (the entire 11th floor was in progress on the third floor; hereinafter referred to as “the instant building”), and on March 21, 2008, sold the instant land and the instant building (the building was in progress on the eightth floor at the time of completion) to E without its approval, and the sales contract was automatically rescinded if the instant building was sold, leased, or transferred to another person without its approval.

B. On April 24, 2008, E entered into a contract with Defendant 2 for the construction of the instant building in an incomplete state, and on September 8, 2008, Defendant 1 transferred to Defendant 1 all the rights related to the construction, sale, lease, management, profit-making, use and disposal of the instant land and building and all the rights related to the construction, sale, lease, management, profit-making, use and disposal, and the authorization and permission business for this purpose.

At that time, Defendant 1 concluded a new contract on the buildings with Defendant 2, to pay part of the buildings as substitute in lieu of paying the construction price, and to prepare and deliver the sales contract form to Defendant 2.

C. The Defendants, around the end of January 2009, sold 502 of the instant building (at the time of completion, specified as “5th floor” before completion; hereinafter “the instant officetel”) to the Plaintiff (hereinafter “the instant contract”).

(b) have entered into an agreement.

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