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(영문) 수원지방법원성남지원 2020.02.06 2019가합402645
매매대금반환
Text

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

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

Reasons

1. Basic facts

A. Defendant A limited liability company (hereinafter “Defendant B”) is an executor who has been in charge of the business of selling E buildings located in B (hereinafter “instant building”) in Chungcheongnam-gun, Chungcheongbuk-gun, and Defendant C Co., Ltd. (hereinafter “Defendant C”) entered into a sales agency contract with Defendant B for the sales agency of the instant building.

B. On January 25, 2017, the Plaintiff concluded each sales contract with Defendant C’s employees to purchase the instant building G in total of KRW 662,046,450, and H in total of KRW 407,953,550,000 (hereinafter “each sales contract in this case”).

Since then, the Plaintiff paid the sales price under each of the instant sales contracts to Defendant B, and completed the registration of ownership transfer on February 9, 2017 concerning the instant building G and H (hereinafter “each of the instant stores”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 and 4 (including additional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. At the time of entering into each of the instant sales contracts, F, an employee of Defendant C, the primary claimant, concealed the unsold fact, and ordered the Plaintiff to deposit the sales price of KRW 1.1 billion, despite the fact that each of the instant shopping districts was unsold in spite of KRW 800,720,00 (excluding KRW 523,550,000, KRW 277,170,000, and each of the additional taxes).

In addition, despite the fact that it is the difference according to the lease contract concluded with respect to each of the instant commercial buildings, F is merely a multilateral contract, and the actual rent is KRW 4.5 million per month. Defendant B made payment to the Plaintiff KRW 30,360,000, which is equivalent to the difference between the monthly rent and the actual monthly rent that F falsely notified to the Plaintiff, and KRW 30,360,000, which is equivalent to the difference between the monthly rent and the actual monthly rent, to the Plaintiff.

As can be seen, the Defendants.

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