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(영문) 인천지방법원부천지원 2020.08.19 2019가합104586
손해배상(기)
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. The status of the parties 1) Plaintiff A is the building D in Kimpo-si (hereinafter “instant commercial building”).

2) The Plaintiff 2 is the owner of subparagraph 5 and the Plaintiff 2 is the owner of the instant shopping mall F (hereinafter the above two stores are collectively referred to as “each of the instant stores”).

(2) The Defendant is a company that runs the business of developing, supplying, selling, selling, selling, or leasing real estate, and was in charge of selling the instant commercial buildings.

B. (1) On April 17, 2015, Plaintiff A entered into a sales contract with the Defendant for the instant commercial building E with the sale price of KRW 806,894,300, and on October 12, 2017, Plaintiff B entered into a sales contract with the Defendant for the instant commercial building E, and completed the registration of ownership transfer on October 13, 2017. (2) Plaintiff B entered into a sales contract with the Defendant for KRW 997,921,90 with respect to the instant commercial building F, and completed the registration of ownership transfer on October 26, 2017.

C. The Defendant’s discount sale and free lease 1) among the 54 stores of the instant commercial building, the buyers of the said 54 stores did not pay the remainder, and the Defendant confiscated down payment and cancelled the sales contract. 2) The Defendant did not sell the said 9 stores again. From July 2018 to February 2019, the Defendant concluded a lease contract by setting that the rent shall not be paid for only three years for the six stores (Ghoho, Hho, I, Jho, Kho, and L) from July 2018 to February 2019.

3) On July 3, 2019, the Defendant entered into a sales contract with M and the instant shopping mall No. 420,000,000, and completed the registration of ownership transfer in the M on August 2, 2019. However, the first sale price at the said store was KRW 780,465,000, and the Defendant entered into a sales contract with P and the instant shopping mall No. 1 on July 5, 2019 and completed the registration of ownership transfer on August 5, 2019. However, the first sale price at the said store was KRW 725,494,700.

[Ground of recognition] A without dispute, Gap evidence Nos. 1, 2, 3, 8, 9, and Eul evidence Nos. 2, 3, and 4 are numbers.

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