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(영문) 수원지방법원 2017.08.16 2016가단507099
손해배상(기)
Text

1. The defendant shall be the plaintiff.

A. Of KRW 70,124,449 and KRW 50,000 among them, KRW 10,000 from August 31, 2014 to March 25, 2016

Reasons

1. Facts of recognition;

A. At the time when the Defendant owned Nos. 401 and 402 of the C Building 401 and 402 (hereinafter “each of the instant commercial buildings”), the Defendant entered into a sales contract with Nonparty D (the Plaintiff’s mother) who owned each of the instant commercial buildings on August 8, 201 as a plan for sale after purchasing and remodelling the instant commercial buildings as a public announcement source. On the other hand, the Defendant entered into a sales contract with Nonparty D (the Plaintiff’s mother) with respect to each of the instant commercial buildings with the purchase price of KRW 40 million and the down payment of KRW 50 million and the remainder amount of KRW 350 million (hereinafter “instant sales contract”).

B. The special terms and conditions of the sales contract of this case set forth “1.1.2,00,000 won” as the maximum amount of debt.

2. The down payment shall be deposited in 50 million won.

(The date of short payment may be changed);

3. (Omission)

4. The remainder shall be settled from August 8, 201 to August 7, 2012:

5. Dogre delegate the power to use and make profits from the thickness of the President;

6. The President B will set up a collateral on a maximum amount of 403 and 404 worth 220 million won;

7.In relation to the above contract, this contract was concluded for a project to sell C-building 401, 402, 403, or 404 after the facility at the publicly notified telecom and cooperate with the best for this sale project.

C. On September 20, 201, D prepared a comprehensive transfer contract with the Defendant to transfer all of the assets and liabilities on the account books of each of the instant shopping districts to the Defendant. On the same day, D prepared a cash custody certificate of KRW 15 million for the reason that he/she would later pay the remainder of the purchase price in the transfer of ownership of each of the instant shopping districts, and issued the Plaintiff a cash custody certificate of KRW 15 million for the reason that he/she would later pay the remainder of the purchase price to the Defendant.

The Defendant completed the registration of ownership transfer on September 21, 201 with respect to each of the instant commercial buildings on September 20, 201, and KRW 15 million with D’s account on October 5, 201.

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