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(영문) 청주지방법원 2014.06.25 2013가단26319
구상권
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On March 31, 2010, Co., Ltd. (hereinafter “Nonindicted Company”) entered into a sales contract (hereinafter “instant sales contract”) with the designated party F representing the owner of the land outside the territory of Seo-gu Incheon, Seo-gu, Incheon (hereinafter “Defendant”) and the designated party E, etc. (hereinafter “owner, etc.”) for the purchase price of KRW 1.7 billion (10 million for the first intermediate payment, KRW 300 million for the second intermediate payment, KRW 400 million for the second intermediate payment, and KRW 90 million for the remainder (hereinafter “instant sales contract”) and paid the down payment of KRW 100 million for the first intermediate payment and KRW 300 million for the first intermediate payment.

G mediated the instant sales contract.

B. On January 18, 2011, the non-party company filed a lawsuit against the Defendant, etc., claiming that the instant sales contract was rescinded by the Seoul Central District Court 201Gahap103897, claiming that the instant sales contract was rescinded, and the said court rendered a judgment accepting the claim of the non-party company on August 24, 2012.

Accordingly, the non-party company and the defendant appealed, and the settlement (hereinafter referred to as "conciliation in this case") was established in the appellate court (Seoul High Court 2012Na85467).

On the other hand, in July 2008, the defendant et al. prepared and delivered a power of delegation to F and G on the comprehensive authority regarding the instant real estate sales contract (hereinafter referred to as “the power of delegation”).

B. (i) On the other hand, before entering into the instant sales contract, the Defendant, etc. delegated H with all of the authority on the sale, lease, use, and management of the instant real estate, and upon the death of H around June 2007, delegated the real estate agent and his wife with such authority.

Things G With respect to the plastic greenhouses, containers, etc. installed in part of the instant real estate, the Luxembourg shall be as between March 5, 2009 and I, and on March 5, 2009.

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