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(영문) 창원지방법원 2018.02.01 2016가단120147
손해배상(기)
Text

1. The Defendant: (a) KRW 12,572,262 to Plaintiff A; (b) KRW 15,856,626 to Plaintiff B; and (c) respectively, from February 11, 2017 to February 2018.

Reasons

1. Basic facts

A. On June 2, 2011, the Plaintiffs entered into an agreement with the Plaintiffs and the Defendant (hereinafter “Defendant, etc.”) under an agreement with the Defendant, etc. to purchase at a discount an apartment unit E unsold in Ulsan-gu, Ulsan-gu, where the Defendant, etc. sold in lots at a KRW 30 million in investment by the Plaintiffs, and the Defendant, etc. (hereinafter “EL City Construction”), and to pay the profits therefrom to the Plaintiffs (hereinafter “instant investment agreement”), and the main contents are as shown in the separate agreement.

B. On June 2, 2011, Plaintiff A purchased the instant apartment at KRW 102 Dong 4601,59,000,000,000,000,000 for the purchase price of KRW 200,000,000,000,000 when concluding the contract, the remainder of KRW 570,000,000 shall be paid on June 27, 2014. Provided, however, the Plaintiff A entered into a contract with the intention to discount the purchase price if the remainder is paid in advance over the outstanding payment date. After receiving a discount on the purchase price, Plaintiff A paid the remainder of KRW 395,30,00,00 for the purchase price on the same day, and Plaintiff A received the remainder of KRW 28,000,000,000,000 from ELF on the same date, and sold the remainder of KRW 106,500,000,000,00.

Plaintiff

A received respectively the remainder of KRW 10 million from F on the same day, and KRW 485 million from the balance discounted on February 22, 2012, and completed the registration of ownership transfer in the name of F on February 22, 2012.

3. On the other hand, on June 27, 201, Plaintiff A reported the real estate transaction contract for the above apartment to the Jung-gu Seoul Metropolitan Government Office, Ulsan Metropolitan City Office, and received a discount in advance.

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