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(영문) 춘천지방법원원주지원 2017.08.17 2016가합6510
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

On May 30, 2014, the Plaintiff entered into a sales contract with Defendant D, which was known to the general public, with respect to the above land and its ground buildings (hereinafter collectively referred to as “instant real estate”), through Defendant C, who is his agent, between Defendant E and the owner of the G land at Cheongju-si, and Defendant E and the owner of G land, who is the owner of the G land:

(hereinafter “instant sales contract”). [The sales price] KRW 840,000,000 for the sales price, KRW 20,000 for the down payment of KRW 840,000 for the sales price, shall be paid and received at the time of the contract. The intermediate payment of KRW 130,000 for the intermediate payment shall be paid on June 30, 2014.

Any balance of KRW 820,00,000 (including KRW 130,000,000) shall be paid on October 30, 2014.

Loan 230,00,000 won and security deposit 358,000,000 won shall be succeeded.

[Matters of Special Agreement]

1. Of down to 20,000,000 won of down payment, 10,000,000 won shall be remitted to the Defendant B’s account by May 30, 2014, and the remainder of 10,000,000 won until June 5, 2014.

2. The sales amount of KRW 130,000,000 shall be treated as part payments for the land of Pyeongtaek-gun in Gangwon-do (hereinafter “H land”).

Total deposit amount of 358,00,000 won and loan amount of 230,000,000 won shall be treated as sales balance.

According to the instant sales contract, the Plaintiff paid KRW 20,000,000 on May 30, 2014 and KRW 10,000 on June 5, 2014, respectively, as down payment. On July 10, 2014, the Plaintiff completed the registration of ownership transfer on H land, for which the Plaintiff had held title trust with I, as the intermediate payment.

On January 29, 2015, Defendant E and Defendant B completed the registration of ownership transfer for the instant real estate on the same day to J on the same day.

On April 2015, Defendant D prepared and delivered a letter of payment to Defendant C, stating that “The total amount of KRW 105,000,000 in connection with the sale and purchase of the instant real estate shall be paid KRW 30,000,000 by April 20, 2015, and KRW 75,000,000 by July 30, 2015” (hereinafter “instant letter of payment”).

The plaintiff.

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