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(영문) 대전지방법원홍성지원 2017.09.19 2016가단5603
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. On December 12, 2014, the Defendant established C Co., Ltd. (hereinafter “C”) for the purpose of carrying out projects, such as new construction and implementation of apartments (hereinafter “instant projects”).

B. Before the establishment of C, the Defendant: (a) concluded a sales contract with the Plaintiff on December 8, 2014; and (b) concluded between the Plaintiff and the Plaintiff on a down payment of KRW 150 million with respect to the amount of KRW 2,033,445,00 (not later than October 8, 2015) with respect to the amount of KRW 80,020 square meters (hereinafter “Plaintiff’s land”); and (b) between the Plaintiff’s type E and E, with respect to the amount of KRW 4,954 square meters and four parcels (hereinafter “E land”), the sales contract with respect to the remainder amount of KRW 150,000,000,000,000,000 for down payment of KRW 2,194,50,000 (hereinafter “E land”).

Meanwhile, at the time of the Plaintiff’s land purchase and sale contract, the Plaintiff and the Defendant agreed that “if the payment of balance is delayed due to a cause attributable to the Defendant, a six-month grace period shall be set up, and the Defendant shall pay interest twice the bank interest to the Plaintiff during that period.” At the time of the Plaintiff’s land purchase and sale contract and E land purchase and sale contract, the Plaintiff and the Plaintiff agreed that “the purchaser (the Defendant) may change the name of a third party, but, in such case, the seller (the Plaintiff, E), the buyer, and the buyer shall enter into a separate contract for transfer and

C. After January 13, 2015, when the “(tentative name) Regional Housing Association Establishment Promotion Committee” (hereinafter “instant Promotion Committee”) was organized, the chairperson of the instant Promotion Committee concluded, on April 16, 2015, a sales contract under the same conditions as the Plaintiff’s land sales contract and the E land sales contract with the Plaintiff and E respectively (hereinafter “each Plaintiff’s land alteration contract and each “E land alteration contract”) and the Defendant’s “contract transferor.”

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