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(영문) 대구지방법원 2015.02.13 2013가단21878
매매대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On May 19, 2008, the Plaintiff entered into an agency contract with I for the sale of real estate owned by the Plaintiff, but the Plaintiff changed the trade name to H (hereinafter “H”) due to the Plaintiff’s failure to receive the land payment from the said company, and was awarded a favorable judgment by filing a lawsuit for the purchase price claim against the said company around November 201, 201. In the Busan High Court Decision 201Na8614, the Busan High Court, which appealed by H, declared on November 8, 2012, that the said company would pay the Plaintiff KRW 156 million and its delay damages.

The above judgment became final and conclusive on November 29, 2012

(hereinafter referred to as the “instant lawsuit”). B.

A Co., Ltd. was a company with the purpose of telephone solicitation sales business, real estate sales agency business, etc., and had its head office in Ulsan-gu J and 8, Ulsan-gu. However, on September 10, 2008, the trade name was changed to H on April 22, 2009, and the trade name was changed to B-ro and Ulsan-gu G (hereinafter referred to as “instant building”) with its head office located in Ulsan-gu, Seoul-gu, Seoul-gu (hereinafter referred to as “the instant lot number building”). On July 7, 2009, the trade name was changed to Hro, K and 2-story.

C. On September 17, 2008, H was appointed as the representative director by Defendant C, but changed to L on July 7, 2009, but in fact, Defendant C’s son operated the above company.

M on March 19, 2009, the second floor among the instant buildings owned by E and F was leased at KRW 30 million, monthly rent of KRW 30 million, and KRW 3 million. On September 29, 2009, the third floor of the instant building was leased at KRW 30 million and monthly rent of KRW 30 million under the name of the Defendant D, who was a punishment, as of September 29, 2009.

E. Meanwhile, on June 13, 201, the Defendant Company was established as N on June 13, 201 as the third floor of the instant building, and M was appointed as the representative director of the Defendant Company on October 17, 201.

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