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(영문) 서울중앙지방법원 2015.02.05 2013가합46820
손해배상 등
Text

1. As to the Plaintiff’s KRW 20,000,000 and its KRW 10,000 among them, Defendant B Co., Ltd. shall be from July 2, 2003 to 10,000.

Reasons

1. From March 20, 1984, the Plaintiff owned 6/10 shares of E buildings with 15 stories above the 2nd ground level above the 2nd ground level below, Jung-gu, Seoul and 1, Jung-gu, and the 270/840 shares of G buildings with 6/10 shares above the 15th ground level above the 2nd ground level above the F and 2nd ground level below the 2nd ground level below (hereinafter “G buildings”).

(E building and G building were registered as an aggregate building on March 25, 1999. From March 20, 1984, the Plaintiff owned the two-thirds of E building and 90/840 shares of E building from March 20, 1984.

On October 9, 1998, H and I delegated to the Plaintiff all of the powers on disposals, such as sale, lease, etc. of their own shares.

Defendant B (hereinafter “Defendant B”) was changed from the J on October 22, 2003 to the present trade name. Following, around June 20, 2003, the Plaintiff purchased the Plaintiff’s share in each E-building and Gbuilding aggregate building (hereinafter “instant sales contract”) from the Plaintiff, and completed the registration of ownership transfer on June 25, 2003 with respect to each ownership share in the Defendant B.

On the other hand, from April 2, 2004 to September 26, 201, ownership shares of H and I among the aggregate buildings in building, G buildings were sold at each of their respective auction procedures.

[Reasons for Recognition] A-7,21,29,29,53,54,61,72,73,80,81,15, and the purport of the entire pleadings

2. Determination as to the claim against the defendant B

A. On June 20, 2003, Defendant B drafted a letter of payment stating that the Plaintiff would pay KRW 10,000,000 to the Plaintiff by July 1, 2003 around June 20, 2003, the summary of the Plaintiff’s claim of KRW 10,000,000, which received the Plaintiff’s claim.

(B) On June 20, 200, Defendant B claimed by the Plaintiff of KRW 10,000,000, out of Party B’s note of payment (A 12) 2, the amount of KRW 100,000,000, the Plaintiff would pay KRW 100,000 to the Plaintiff when the Plaintiff purchases any building or G building on the part of Party B at the auction procedure around June 20, 203.

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