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(영문) 서울중앙지방법원 2013.01.11 2011가단124682
손해배상
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. (1) F and G jointly purchased the land of G in the Gyeonggi-si, Gyeonggi-do, H, and the ownership registration was entered in the name of H.

(2) After that, F and G newly built three sub-loans on the ground by entering into a contract with H to the construction of a new loan on the said land with H’s children who are engaged in the construction business.

F and G were written by the owner of the above land on the registry as H, and the name of the owner was also H, and the registration of ownership preservation was completed on March 24, 2008 in H on the new building.

(3) F and G agreed that H 101 Dong, instead of the construction cost, shall be owned by H H, G 102 Dong, a co-owner, and F 103 Dong, as a co-owner, to exercise the right of sale.

(4) The F planned to sell the loan as the actual owner of J lending 103 units, and for this purpose, entered into a sale consignment agreement with Defendant E.

B. On December 14, 2008, the Plaintiff entered into a sales contract with F on 103 Dora 101 (hereinafter “the instant loan”) with F on the following terms (hereinafter “the instant first sales contract”). H, a registered titleholder, entered into the contract as the seller, as the actual owner’s agent, K as the buyer’s agent, and Defendant E, respectively.

The down payment of KRW 10 million shall be paid at the time of a contract, and the intermediate payment of KRW 70 million shall be paid on January 12, 2009, and the remainder amount of KRW 140 million shall be paid on January 22, 2009.

(1) The remainder is about KRW 55 million and KRW 85 million and the deposit for lease on a deposit basis. 2) The remainder is to be registered after the payment of part payments.

B. On the other hand, while entering into the 2nd sales contract of this case, K bears the obligation to the Plaintiff, and the part payment of the 1st sales contract of this case is part of the Plaintiff.

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