logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.09.15 2016나73155
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff’s occupancy account for the apartment of this case 1) The Agricultural Cooperatives Federation of the Agricultural Cooperatives (hereinafter “the Agricultural Cooperatives Federation”).

On July 30, 2010, Seocho-gu Seoul Metropolitan Government C Apartment 102 Dong 1201 (hereinafter “instant apartment”).

A) The Plaintiff acquired the ownership of the instant apartment, and the Plaintiff, as a contractor of the instant apartment around September 2010, to purchase KRW 1,812,006,00 among the Defendant’s employees, who were entrusted by the NAF with the sales business of the instant apartment, from the NAF to the Plaintiff’s 1,812,06,000 (hereinafter “instant sales contract”).

After the conclusion of the contract, B entered into the apartment of this case with B’s permission on September 29, 2010. At the time, B was in office as the seller of the apartment of this case. (2) On the other hand, the Plaintiff paid to the NAF a total of KRW 50 million on September 9, 2010, KRW 20 million, KRW 25 million on October 4, 2010, and KRW 50 million on October 25, 2010.

B. Upon finding out that the Plaintiff occupied the instant apartment without full payment of the purchase price, the Nonghyup Federation: (a) returned the said KRW 50 million to the Plaintiff on February 1, 201; and (b) requested the Plaintiff through the Defendant to promptly deliver the instant apartment if the Plaintiff completely pays the purchase price or is unable to do so. On November 16, 2012, the Plaintiff prepared an agreement with the following contents (No. (No. (No. (a)) with respect to the instant apartment, and issued it to the NAF via the Defendant. The Plaintiff agreed to enter into a settlement contract within December 15, 2012 with respect to the instant apartment. If the agreement does not include the remaining payment of the purchase price, the Plaintiff would immediately reside in the apartment as of December 15, 2012, and would not withdraw from the Agreement.

arrow