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(영문) 서울중앙지방법원 2017.11.17 2017가단5037952
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 24, 2015, the Plaintiff, as a purchaser, concluded a sales contract, including business rights and lien, with the Defendant and Nonparty C Co., Ltd. as a co-seller, based on the summary of the following (hereinafter “instant contract”).

The C representative director, B and individual B (hereinafter referred to as "A") and A (hereinafter referred to as "B") who are a project operator (a lien and all right holders of a project operator) shall enter into an agreement with each other on the basis of the principle of mutual trust as follows:

1. Marking of objects to be traded;

(a) All rights related to the project, such as land related to the project for the development of goods D and 59 lots of land, business rights related to the building for sale in lots, and lien (including the amount of defects arranged in lots), which are related to the project;

(b) 12,417 square meters (3756 square meters) in terms of goods 2 Gangwon-do Crossing-gun;

(c) A total of 48 households (2,879 square meters) and 129,475 square meters (including other canal wells and land related to 8,239 square meters) of 59 square meters (including land related to 8,239 square meters) located in the Crossing-gun G, Gangwon-do, which is trusted with goods 3 and 3 other than one asset trust;

3. Purchase price;

(a) Goods KRW 1,00,000,000 (one hundred billion won per day);

(b) Goods KRW 375,000,000 ( KRW 375,000,000);

(c) Goods 3,050,000 won (3,000,000,000 won) per day, not subject to this contract, but for convenience;

4. Payment method of purchase price;

(a) Contract deposit: daily gold (100,000,000 won) shall be paid on the date of the contract, and the said contract deposit shall be paid on the date of the contract, and the said contract deposit shall be paid by Escrew at the Seocho-dong branch of Nonghyup;

(Provided, however, the above money shall be kept until the intermediate payment is made and paid to A at the time of the intermediate payment. (b) The intermediate payment shall be KRW 700,000,000, and the above money shall be paid to B at the time of the completion of the transfer of ownership of the article 3.

5. Matters concerning special agreement;

D. A shall exercise the right of retention, etc. of a third party in the process of ownership transfer registration and project development of B, B, B, and C.

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