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(영문) 부산지방법원 2016.11.22 2016가단20479
배당이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. While the Defendant owned the land of 687 square meters in Busan Seo-gu, Busan, the Defendant had experienced legal disputes regarding the e-loan operated and operated the land of the E-Ba and the E-Ba for several years with respect to the name of E-Ba.

B. On April 11, 2013, the Defendant concluded a sales contract on April 11, 2013 with regard to the site ownership in nine units, including the Plaintiff and Eved Operation 202, 401, 402, 501, 502, 201, 302, 401, 501, and 501 (hereinafter referred to as “sales contract on April 11, 2013”).

(C) On April 15, 2014, Seoul Eastern District Court 201Da108936, the Defendant filed a lawsuit against the Plaintiff for compensation for damages (the filing of the lawsuit for the claim of compensation for damages) that amount to KRW 252,540,254, and the amount of compensation for damages, such as land rents and litigation costs during which the dispute occurred, was set as KRW 168,360,169.

The main points of the cause of the claim are as follows:

Summary of Grounds of Claim

1. According to the sales contract dated April 11, 2013, the Plaintiff was paid KRW 252,540,254, and KRW 168,360,169 for damages equivalent to the amount of damages, such as land rents and litigation costs, from the Plaintiff. The Plaintiff failed to pay the remainder after making a deposit of KRW 20 million on June 11, 2013, and KRW 50,000,000 on June 15, 2013, and was offered to purchase only the right to the site of four units out of the said 9 units by obtaining a loan from a community credit cooperative, and was offered to purchase only the right to the site of the said 9 units.

2. The Defendant, upon cancelling the sales contract with the Plaintiff on July 5, 2013 on April 11, 2013, concluded the sales contract with the Defendant on the right to a site of four heading rooms, including 401, 502, 802, 302, and 501, (hereinafter referred to as “sales contract with the Defendant on July 5, 2013”).

B. The Plaintiff concluded a purchase price of KRW 108,291,349, and was paid KRW 180,485,582 in total, including KRW 72,194,233, and KRW 180,485,582. The Plaintiff paid KRW 20,485,582, while the amount of loans of community credit cooperatives was reduced to KRW 160,000,000; however, the Plaintiff did not pay KRW 10,000 among them.

3. The sales contract dated April 11, 2013 is concluded.

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