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(영문) 서울서부지방법원 2016.11.23 2014가합40480
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. The Plaintiff entered into the instant sales contract and the Defendant’s performance 1) on May 2014, together with C living together with C, and each of the real estate listed in the separate sheet owned by the Defendant, located in the Gyeongjin-gun and Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant real estate”).

each of the following subparagraphs:

6. The sales contract of this case was concluded between the Defendant and the Defendant for the purchase of the instant real estate in the amount of KRW 600 million, and the down payment was KRW 6 million.

6. On the date of conclusion of the above contract, including 4 million won which was delivered in advance, the intermediate payment of 5 million won shall be paid at the end of July, and the remainder shall be paid only after acquiring the secured debt of the right to collateral security established by the Plaintiff on the instant real estate and paying the remainder after deducting the amount of the secured debt (the actual secured debt amount at that time is 42 million won).

2 At the time of entering into the instant sales contract, the Plaintiff and C proposed the Defendant to serve as the head of the field management office of real estate development projects to be promoted by the Plaintiff and received the consent.

6. 30. 30. 1 million won was remitted for expenses.

3 In accordance with the instant sales contract, the Defendant received KRW 110 million in total from the Plaintiff, but did not pay the remainder, including the acquisition of the secured obligation of the right to collateral security, following the Plaintiff’s failure to pay the remainder.

7. 28. The certificate of content was sent and notified for implementation.

B. On the other hand, a separate purchase and sale contract between D and the Defendant was concluded on October 7, 2014, after finding the Defendant to conduct a project for the development of DD village housing and expressing the Defendant’s intention to purchase the instant real estate, and concluding a separate sale and sale contract with the Defendant on October 7, 2014, the Defendant promised to pay KRW 320 million as down payment, intermediate payment, and KRW 300 million as down payment, and to include KRW 3240,00 in the adjoining land. 2) The Defendant promised to assume the responsibility for including the instant real estate in the land subject to business.

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