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(영문) 수원지방법원 2017.08.18 2016가합70051
손해배상(기)
Text

1. As to Defendant B’s KRW 136,66,66 and its KRW 66,66,66 among the Plaintiff, Defendant B’s KRW 136,66 and the remainder 70,000.

Reasons

1. Basic facts

A. The Plaintiff as a party, Defendant B, and D (hereinafter “Plaintiff, etc.”) jointly purchased approximately 1,025 m2.7 m3-2 in the FF business district (hereinafter “instant land”) in light of the position of the party, and the Defendants are married couple.

B. 1) On July 7, 2009, the Plaintiff entered into a sales contract with the Korea National Housing Corporation (former Korea Land and Housing Corporation), and KRW 5,012,250,000 for the instant land, and KRW 5,01,225,00 for the sales contract on the date of the contract, and KRW 4,511,025,00 for the remainder on the date of the contract, and KRW 4,511,025,00 for the sales contract (hereinafter “instant sales contract”).

(2) On July 8, 2009, the contract deposit was paid to the Plaintiff; Defendant C paid KRW 170,000,000 to the Plaintiff; and D paid KRW 165,612,50 to the Plaintiff.

C. 1) The Plaintiff, etc., did not have the ability to pay any balance arising from the instant parcelling-out contract. The Plaintiff, etc., sold a right to purchase the instant land to collect part of KRW 501,225,00 of the down payment, which was delegated with the authority to resell by the Plaintiff, etc. Accordingly, Defendant B, who was delegated with the authority to resell by the Plaintiff, etc., was G and H (hereinafter “G, etc.”) around August 2010.

(2) As to the right to purchase the instant land and the right to purchase the instant land, KRW 5,000 shall be the sales price of KRW 501,225,00,000; KRW 100,000 of the down payment paid by the Plaintiff, etc., the intermediate payment of KRW 100,000,000 on the date of the contract; and KRW 100,000 of the intermediate payment on September 10, 2010; and KRW 3 officetels (407, 507, 607, and hereinafter collectively referred to as the “instant officetel”), which is scheduled to be constructed on the ground specified in B1-1 of the daily countermeasures against the FF project district in light of light.

2) The resale contract was concluded under the terms and conditions to receive the resale contract (hereinafter “instant resale contract”).

(2) On August 31, 2010, Defendant B paid KRW 100,000,000 to Defendant B, as requested by Defendant B, among down payment under the instant resale contract, and remitted KRW 50,000,000 to Defendant C’s account on September 13, 2010 and October 25 of the same year.

(b). In all cases:

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