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(영문) 울산지방법원 2014.05.23 2013가단26110
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant, as the owner of the land and the studio building in North-gu and its 4th floor above the ground at the port of port (hereinafter “instant real estate”), leased a total of 16 households within the instant building to another person, and received monthly rent from the lessee.

B. D, who works for a planning real estate business, requested the Defendant’s wife, the subject of managing the instant real estate, to purchase a certain portion of the forest land to be sold from the business entity, as the selling price of the instant real estate, and E responded to this.

The plaintiff received a proposal to purchase the real estate of this case through D and responded to this.

C. Accordingly, on May 30, 2013, the Plaintiff entered into a sales contract with the Defendant’s wife E to purchase the instant real estate amounting to KRW 620,000,000 (hereinafter “instant sales contract”) with the Defendant’s agent, and paid all the price to June 4, 2013 without setting the amount of the down payment and the intermediate payment. However, the Plaintiff agreed to succeed to the security deposit amount of KRW 200,000,000 and the deposit amount of KRW 200,000 under the name of the community credit cooperatives established with respect to the instant real estate.

On May 31, 2013, the Plaintiff and D proposed to pay KRW 30,000,000 as a down payment instead of requesting to prepare the so-called business contract in which the purchase price is KRW 720,000,000, while seeking to borrow the instant real estate as security to E, and E accepted it.

Thus, E, after receiving KRW 30,00,000 from the Plaintiff through D on the same day, prepared and delivered a business contract stating that the Plaintiff shall pay KRW 720,00,000 to the Plaintiff by June 4, 2013, and the Plaintiff and D shall prepare a business contract and increase the amount of the sales.

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