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(영문) 제주지방법원 2015.09.10 2014가합1955
계약무효확인등
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

The Plaintiff’s assertion 1) The Plaintiff and the Defendant on July 24, 2013, the Jeju District Court C (hereinafter “instant auction”).

(D) multi-household housing (hereinafter “instant building”) on the ground of the subject-matter of Jeju-si, the subject-matter of which is D.

When the Defendant acquires the building, the Plaintiff obtained permission for use, and the Defendant paid KRW 140 million with the loan, and only the amount obtained by deducting dividends in the event that E, who is the Plaintiff’s son, receives dividends at the above auction (Article 3(2) of the Agreement), and the Defendant, if the Plaintiff is unable to obtain permission for use, did not bear any legal responsibilities (Article 3(3) of the Agreement). Nevertheless, even if the Plaintiff was awarded a successful contract for the building of this case and acquired ownership, the Defendant did not resume the construction for one year, and resumed the construction with a new constructor, who is not the Plaintiff. Accordingly, Article 3(2) and (3) of the Agreement of July 24, 2013 (Article 3(2) of the same Agreement is null and void), and the Defendant made a written confirmation of the Plaintiff’s right to claim payment in full to the Plaintiff on July 24, 2013 (Article 60,000,000 won, the remainder of the auction case of this case, the Plaintiff’s right to claim 100,01.

However, the defendant did not pay F 50,000,000 won to F, and rather F claimed payment of the above amount to the plaintiff. Thus, the contents of the letter of confirmation prepared by the plaintiff on November 11, 2013 are invalid.

3 The Defendant, according to the agreement dated July 24, 2013, paid KRW 200,000 to the Plaintiff, but paid KRW 150,000,000 to the Plaintiff. As such, the Defendant is obligated to pay the remainder of KRW 50,00,000.

In addition, the defendant.

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