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(영문) 서울중앙지방법원 2020.08.31 2018가단22914
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. (1) The Plaintiff is a building of Songpa-gu Seoul Metropolitan Government D (hereinafter “instant new building”) scheduled to be newly built from a licensed real estate agent C while displaying a commercial building to be purchased for preparation against aging.

) Upon introduction, I introduce E (hereinafter referred to as “Plaintiff, etc.”) and refer together to the Plaintiff.

2) On December 8, 2014, F Co., Ltd. (F; hereinafter referred to as “F”).

A) Of the instant new buildings implemented by G Co., Ltd. (trustee), H Co., Ltd. (City Co., Ltd.), and F, I (45.1m2, 88m2, hereinafter “instant commercial building”).

(C) KRW 9500,000,000 (excluding value-added tax; hereinafter the same shall apply) for total supply;

2) The sales contract of this case (hereinafter “instant sales contract”)

(2) In the instant sales contract, the Plaintiff, etc. entered into an agreement with each of the following parties: (a) on the date of the contract; (b) on June 12, 2015, the first intermediate payment of KRW 90.5 million; and (c) on November 12, 2015, the second intermediate payment of KRW 90.5 million; and (d) on April 12, 2016, the third intermediate payment of KRW 90.5 million was paid as the new bank account on September 12, 2016; (b) the remainder of KRW 450,50 million on September 12, 2016; and (c) the occupancy designation period was from March 2017 to May 18, 2017.

3) The remainder paid by the Plaintiff, etc. was KRW 41,2570,000,000,000,000 for the remainder 452.5 billion won at the time of entering into the instant sales contract (the Plaintiff is a person who is the Plaintiff).

(B) B. 1) Meanwhile, with respect to the Plaintiff, etc. on December 17, 2014, K representative director of the J Co., Ltd. (hereinafter “J”) and the said C, the J jointly implemented the new building of this case with G Co., Ltd., while the Plaintiff, etc. paid in advance the amount of KRW 26285,00,000,000, half of the remainder of the building of this case, which is 412,5770,000, to J, it would be treated as the full payment of the remainder.

(hereinafter referred to as the “instant arrangement”). K sells in lots the prices containing the above contents on the same day.

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