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(영문) 제주지방법원 2017.12.14 2017가합10561
손해배상(기)
Text

1. The Defendant’s KRW 1,034,189,831 as well as 5% per annum from November 24, 2017 to December 14, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. Around December 2015, the Plaintiff entered into a contract with C to purchase KRW 3505 square meters of the D orchard 3505 square meters of the price in Jeju-si, Jeju-si, and with E to purchase KRW 1983 square meters of the F orchard and KRW 1983 square meters of the G orchard (hereinafter collectively referred to as “each of the instant land”) owned by E in total, KRW 930 million (hereinafter referred to as “the instant contract”).

B. At the time of the conclusion of the preceding sales contract, the Plaintiff obtained a building permit on each of the instant lands in the name of C and E, and agreed to transfer the title of the building permit to the Plaintiff or to the person designated by the Plaintiff along with the ownership transfer registration, and accordingly, obtained a building permit thereafter.

C. On July 19, 2016, the Plaintiff sold each of the instant lands to KRW 2.486 billion between the Defendant and the Defendant in the form of acting for C and E, and concluded a contract with the effect that KRW 2.486 billion is to be paid at the same time as the transfer registration of ownership on August 10, 2016, the intermediate payment of KRW 846 million on the date of the contract, and the intermediate payment of KRW 80 million on August 10, 2016, and the remainder of KRW 1.437 billion on August 31, 2016 (hereinafter “instant contract”).

(However, due to the lack of funds by the defendant, only KRW 90 million has been paid out of the down payment, and the remainder has been paid at the time of the intermediate payment payment.

The Plaintiff explained the conclusion of the instant sales contract to C and E, paid the purchase price to C and E as paid by the Defendant, and at the same time agreed to complete the registration of ownership transfer of each of the instant land to the Defendant.

E. The Defendant demanded that the payment date of intermediate payments be made available to the Plaintiff as collateral for loans from each of the instant land and payment of intermediate payments and remainders due to the shortage of funds. Accordingly, on September 1, 2015, the Defendant obtained the Plaintiff’s opinion with C and E, and the Defendant secured each of the instant land from the Jeju Credit Union as collateral.

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