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(영문) 서울중앙지방법원 2015.09.09 2014가단226640
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On July 13, 2004, the Plaintiff purchased the Defendant’s right to sell a shopping district shopping district (11 square meters) from the Defendant’s “ING Investment Co., Ltd. (hereinafter “Nonindicted Company”) in KRW 62,00,000, and paid the purchase price to the Nonparty Company by August 5, 2004.

At the time, the Plaintiff received from the non-party company a certificate of real estate transaction (the certificate of real estate transaction, sales contract, real estate transaction agreement, performance certificate, transfer angle, transfer waiver note, etc.) and a promissory note Notarial Deed (the issuer of the bill, the Defendant, the date of issuance of the bill, and KRW 150,000,000 at face value).

B. The Plaintiff filed a lawsuit against the Defendant for the agreed amount of KRW 150,00,00 as the cause of the claim as set forth in the following 1) (Seoul Central District Court 201Gahap8026), and the lawsuit was concluded and completed the conciliation as set forth in the following 2) (hereinafter “instant conciliation”). When the remainder of the cause of the claim is paid, it is difficult to transfer the title of the right to sell the land in the name of the Defendant after 3-4 years scheduled to draw the same number, and the Plaintiff was transferred the land in the name of the Defendant after 150,000,000 won in consideration of the interest and the premium of the right to sell the commercial building, and the promissorysory note was notarized. However, the Defendant did not have any obligation to purchase the commercial building in the instant case where the Plaintiff did not have any obligation to purchase the land in the instant case (hereinafter “instant conciliation”) and the Plaintiff did not have any obligation to purchase the land in the instant case.

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