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(영문) 수원지방법원평택지원 2016.04.06 2015가합337
손해배상 등
Text

1. The Defendant’s KRW 74,700,000 as well as 5% per annum from August 20, 2015 to April 6, 2016 to the Plaintiff.

Reasons

Facts of recognition

In around 2012, some of the employees belonging to the business place of Pyeongtaek-si Digital wave Co., Ltd. were to purchase land of Pyeongtaek-si C around 2012 and to construct and sell "Urban Residential Housing" in the name of D.

They appointed E as the representative and delegated all the powers concerning land purchase, financing and construction.

E purchased a building site in the name of some employees and conducted a project by obtaining a building permit.

The defendant lends money to E in the name of the project cost, and after having been granted a provisional registration for security in the construction site, he/she has carried out the construction project together with E.

D 1 and 2 complexes were sold in units from E on May 2012, 201, and D 302 and 502 were sold by the Defendant on September 2012.

D On March 15, 2013, F, the Plaintiff’s form of the contract for the sale of three complexes, entered into a sales contract with the Defendant to purchase (403,000,000 won as contract deposit, 10,000,000 won as contract deposit, intermediate payment, 130,000,000 won as part of intermediate payment, and 270,000,000 won as balance) among D three complexes to be constructed on Pyeongtaek-si G and three parcels, other than Pyeongtaek-si.

On May 2, 2013, the Plaintiff entered into a sales contract with the Defendant on 302 and 402 of the D three complexes.

The parts relating to the instant case are as follows:

hereinafter referred to as "three complex sale contract".

A) The seller of a real estate sales contract (a person holding a provisional registration right): The sales price and payment method under Article 2 (Sale Price, etc.) of the Plaintiff shall be determined as follows. (1) The sales price agreed between the parties to a sales contract and KRW 410 million shall be KRW 380 million (190 million x 20 million x the Defendant’s demand) and the above mentioned in the form as above.

section 30.

2) The contract deposit shall be 120 million won and the buyer shall pay to the seller at the same time as this contract is executed. 3) The intermediate payment shall be omitted.

4 Any balance shall be KRW 290,000,000,0000 and either the bank loan or the buyer in cash after completion.

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