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(영문) 서울북부지방법원 2015.05.07 2014가합21049
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 April 14, 2010, the Plaintiff entered into a real estate sales contract between the Plaintiff and the Jininjin Co., Ltd. (hereinafter “Einjin”), and the Plaintiff entered into a real estate sales contract between Jinjin and Jinjin, and the Plaintiff entered into a real estate sales contract between Jinjin and Jinjin, and the Plaintiff’s land B and three lots to Jinjin and its ground buildings (hereinafter “instant real estate”).

A) The sales contract to sell the sales price of KRW 7,500,000 (hereinafter “instant sales contract”) is deemed to be the sales contract.

(2) On the other hand, at the time of the conclusion of the instant sales contract, the agreement was concluded to the effect that the right to collateral security (hereinafter “instant first collateral security”) was established in the name of Sungsung Mutual Savings Bank Co., Ltd., Ltd. (hereinafter “the maximum amount of debt”). On the other hand, the agreement was concluded that “the Plaintiff pays KRW 1,500,000,000 to nine other than C and nine persons,” as Seoul High Court Decision 2008Na58758, which exercised the right to collateral security (hereinafter “instant first collateral security”). At the same time, the agreement was concluded that “the Plaintiff and nine other persons deliver the instant real estate to the Plaintiff.”

- down payment: 300,000,000 won (payment on the date of the instant sales contract on April 14, 2010) - intermediate payment: 1,700,000 won (payment on April 28, 2010) and other nine persons (payment on April 28, 2010) paid to C and other nine persons, and the difference shall be paid directly by the price of the friendly land and paid to the Plaintiff.

- Any balance: The settlement shall be settled after deducting all the Plaintiff’s obligations concerning the instant real estate (provisional registration, collateral security, voluntary auction, various public charges, etc.) from the purchase price on the basis of the balance payment of KRW 5,500,000 (payment on May 20, 2010).

- Special Agreement: Liability for and settlement of the lien of nine other than C and nine other persons on the instant real estate, and if it is not resolved before the intermediate payment is made, the sales contract of this case shall be null and void and the down payment shall be reverted to the Plaintiff.

3. The Plaintiff and Jininti entered into an agreement on the payment method of the purchase price under the instant sales contract, and the friendly land owner entered into an agreement with the Plaintiff.

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