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(영문) 대전지방법원 2018.11.29 2015가단37426
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 November 6, 2013, the Plaintiff, the Defendants, and D concluded a real estate development agreement with the following content that purchased, developed, and sell 3.525 million won for each of the instant real estate (hereinafter referred to as “each of the instant real estate”) of the 3.525 billion won for the purchase and development of the 8,659 square meters, F 36 square meters, G 354 square meters, G 354 square meters, H 1,259 square meters, and I 288 square meters, respectively.

- The Plaintiff purchases E land, and bears down payment of KRW 80 million for down payment and KRW 1.89 billion for the remainder of KRW 1.80 million for a bank loan, bearing KRW 98 million for the purchase of land by D, and bearing KRW 98 million for the purchase of land by Defendant B, F, G, and H, and bearing KRW 52 million for the purchase of land by Defendant B.

- Of the land purchase amounting to 3.5 billion won, KRW 2.46 billion out of KRW 3.5 billion shall be appropriated for the loan.

- Land development activities and trade are responsible for Defendant C from November 15, 2013 to April 15, 2014.

- Defendant C is responsible for authorization and permission, civil engineering works, change of use, parcel out, taxes, banks and construction costs.

- On January 29, 2014, KRW 800,000 shall be deposited to the Plaintiff.

80 million won shall be deposited within 60 days after the deposit of KRW 800 million.

B. After that, the Plaintiff, the Defendants, and the Plaintiff prepared for KRW 80 million, and D borrowed KRW 2.6 billion from a financial institution as collateral of each of the instant real estate, and Defendant B agreed to lend KRW 400 million from J as collateral of each of the instant real estate to pay KRW 3.52 billion, and to use the remaining money for expenses for collection, registration, transfer, etc.

C. On December 27, 2013, the Plaintiff, the Defendants, and D concluded a sales contract on each of the instant real estate with the seller respectively.

D) On the same day, D created the collateral security of the debtor D, the maximum debt amount of KRW 3.2 billion, the collateral security of the creditor-mortgage-based Dairy Dairy Farming Cooperative, and KRW 2.6 billion from the said Nonghyup.

Defendant B, with respect to each of the instant immovables on the same day, is the debtor B, the maximum debt amount of KRW 600 million, and the J-mortgage.

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