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(영문) 서울남부지방법원 2017.05.18 2016나62342
기타(금전)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. On March 2013, the Plaintiff entered into a sales contract with the Defendant on the Guro-gu Seoul Metropolitan Government B apartment (hereinafter “instant apartment”) 102 Dong 203, and paid KRW 10 million as the down payment. At the time of the sales contract, the Defendant’s employee at the time of the sales contract entered into an order to cancel the sales contract and return the down payment to the Plaintiff. Since the Plaintiff applied for the part payment loan but the loan was refused due to credit problems, the Defendant asserts that the Defendant is liable to pay KRW 10 million to the Plaintiff.

However, the evidence submitted by the Plaintiff alone is insufficient to recognize that the sales contract for the apartment 102 Dong 203 was concluded between the Plaintiff and the Defendant, and there is no other evidence to acknowledge it otherwise.

(O) In full view of the purport of the entire pleadings in the statement No. 1, the defendant is merely merely a contractor of the apartment of this case, and the party who entered into a sales contract with the plaintiff 102 Dong Dong 203 on the apartment of this case can only be recognized as opening one house reconstruction and improvement project association). Therefore, the plaintiff's assertion premiseding that the defendant is the party to the sales contract as to the apartment of this case No. 102 Dong 203 on the apartment of this case is without merit,

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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