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(영문) 인천지방법원 2019.03.29 2017가합55052
손해배상(기)
Text

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

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

Reasons

Basic Facts

The Plaintiff, via E, an agent, on August 11, 2016, purchased the sales price of KRW 300 million for the purpose of land development and sale business, and via E, the Defendants and Gyeonggi-gu, Gyeonggi-do, the Fforest land of KRW 3,936 square meters, and KRW 178 square meters for G forest of KRW 1,322 percent (the shares of Defendant B, KRW 3,991, KRW 1,3555 shares of Defendant C, KRW 3,991, and KRW 1,314 shares of Defendant DD; hereinafter collectively referred to as “instant land”), and concluded a sales contract including the down payment to the Defendants on November 10, 2016, the remainder amount of KRW 30 million was paid at KRW 27,000,000,000,000 for each contract, and the delivery date was made on November 10, 2016; and the Defendants agreed to actively cooperate with the Plaintiff as a special agreement; hereinafter referred to as “the instant down payment”).

1) As to the instant land under the name of H, E, or E, a representative of the Plaintiff, the Plaintiff concluded a design contract for the construction of a detached house with the Certified ArchitectJ on August 16, 2016, setting the contract amount of KRW 15 million for the construction of a detached house; on August 17, 2016, the contract amount with K stock company for the construction of a housing site and the construction contract for the construction of an access road was set at KRW 160 million; on the same day, L and the contract amount for the construction of an access road was set at KRW 15 million for the construction of a housing site; and on the same day, the Plaintiff entered into an agency contract for the construction of a surveying agent. 2) On September 2016, 2016, the Plaintiff obtained permission and permission for the conversion of permission for the development of a detached house and an access road site in the name of the Defendants, and received various public charges, such as a license tax, etc. on the construction report.

The plaintiff is responsible for the return to the original state and the cost when he/she suspended the civil petition or construction work in performing the civil engineering work in the Gyeonggi-gu Housing Site F.

When the Corporation fails to pay the balance after delay, the overdue interest of 20% per annum shall be fixed, and the contract shall not be subject to any condition if it exceeds 2016.

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