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(영문) 인천지방법원 2018.08.14 2017가단245872
구상금
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 October 31, 2002, the Defendant purchased three floors of the building of steel frame C and rooftop parking facilities 1 and 2 stories of each 986m25m2 (hereinafter “instant parking facilities”) on October 31, 2002 and made it available for use as D Co., Ltd. and E customer parking lots, a motor vehicle maintenance business entity it operates.

B. On June 28, 2011, in the case of the auction for the sale of real estate at the Incheon District Court G District Court, Nonparty F was awarded a successful bid of 31m2, 19034m2 in Nam-gu, Incheon Metropolitan City, where the instant parking facility is located (hereinafter “instant land”) and of 31m2 in the Hadong Hadong Hadong Hadong Hadong Hadong Hadong Hadong Hadong Hadong Hadong Hadong Hadong Hadong Hadong Hadong Hadong Hadong Hadong Hadong Hadong Hadong Hadong Hadong Hadong Hadong Hadong Kadong Mo-dong 5m2, and 19.80m2 in the instant auction procedure, the Plaintiff engaged in the auction consulting business and represented F in the said auction procedure.

C. On March 23, 2012, the Defendant filed a lawsuit against F to seek confirmation of ownership of the instant parking facility and legal superficies for the said parking facility by the Incheon District Court 2012Gahap4967, and was sentenced on January 23, 2013 to the effect that “the instant parking facility is owned by the Defendant.” The Defendant’s remaining claims are dismissed.

As to this, the Defendant and F appealed to Seoul High Court 2013Na14097 (hereinafter “related cases”), at the time, the Defendant appointed a lawyer belonging to K law firm as his/her agent.

On January 17, 2014, the Seoul High Court sentenced that the appeal between the Defendant and F is dismissed, and the above judgment became final and conclusive.

On February 5, 2014, the Plaintiff, on behalf of F, concluded a sales contract with Nonparty M and the Defendant to sell the instant land and the instant automobile-related facilities in KRW 2,200,000,000. If the buyer did not pay the purchase price, the Plaintiff did not pay the purchase price.

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