(영문) 서울중앙지방법원 2021.01.22 2020가합538129

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(영문) 서울중앙지방법원 2021.01.22 2020가합538129

손해배상

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The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff purchased all the 12 households of Gangnam-gu I Loans in Seoul (hereinafter “the instant loan”) from each owner, and implemented the instant loan reconstruction project (hereinafter “the instant project”).

2) Defendant B was the owner of the instant loan L, and Defendant D, E, F, G, and H owned the instant loan L, and Defendant C owned the instant loan L, but completed the registration of transfer of ownership on August 31, 2017 to M Co., Ltd. on trust.

B. In implementing the instant project to enter into the instant collective sale undertaking, the existing 12 households N and 19 households (including each site ownership), and the Plaintiff as “A” and “B” shall be prepared for the purpose of selling the instant project to the individuals and corporations designated by “A” or “B” in the form of a package for the purpose of selling the instant project to the individuals and corporations designated by “B”.

Upon completion of the seal of this letter of agreement, the agreement between B and B on the purchase fund for both the contractor and the financial company of B and A for the blanket sale shall be made and the agreement shall be made and the agreement shall be prepared to proceed with the sale in a lump sum.

Article 2 [Purchase Price and Time] (2) The timing for payment of the sales price for each household shall be as follows:

- Contract gold (10% of the purchase-price): - Balance (90% of the purchase-price): On October 30, 2019, the written promise of Article 3 states “Article 2” but appears to be a clerical error in Article 3.

[Contents of Obligation A and B] ① Contents of Obligation A

1. A consents to the sale of the instant loan, currently owned by B, for the purpose of running the instant project.

2.After drawing up this letter, after obtaining the approval of the pF for the amount of construction works and financing and purchase from B, A and B shall draw up a trade agreement for each household.

3. A shall be deemed simultaneously with the payment of any balance after the preparation of a contract for sale and purchase with B.

유사 판례

-서울중앙지방법원 2021.01.22 2020가합538129

-창원지방법원통영지원 2016.09.29 2015가합744

-서울중앙지방법원 2015.08.20 2014가합546891

-수원지방법원평택지원 2017.10.19 2016가합10270

-인천지방법원부천지원 2016.11.17 2016가단105413