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(영문) 인천지방법원 2013.11.19 2012가합16571
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. 1) Conclusion of a sales contract is 1,993 square meters of land in Seo-gu Incheon Metropolitan City (hereinafter “instant forest”).

(2) On April 2, 2004, the Plaintiff and Nonparty G (hereinafter “Plaintiff, etc.”) concluded a sales contract to purchase the instant forest at KRW 1.8 billion between D’s agent, Defendant E, and F’s agent E on April 2, 2004 and paid KRW 1.8 billion on the date of the contract, the first intermediate payment KRW 200 million on April 16, 2004, and the second intermediate payment KRW 200 million on May 17, 2004, and the remainder of ownership transfer was paid as KRW 1.8 billion on the date of the contract.

(B) On the other hand, the Plaintiff, etc. paid the seller the down payment KRW 100 million on the date of the contract, and the intermediate payment of KRW 800 million on August 13, 2004, respectively, on October 204, 2004, after the conclusion of the instant contract on the shares of D out of the forest of this case.

2) On July 28, 2004, between the Plaintiff, etc. and E, F, and Defendant, the remainder of KRW 900 million under the instant sales contract shall be paid in equal installments to E, F, and the Defendant, and each of them shall be paid KRW 500 million each by increasing the maximum amount of KRW 50 million. The Plaintiff, etc. paid KRW 500,000 ( KRW 90,000 ± (2) 50,000) to the Plaintiff, etc. as security of the instant forest shares owned by the Nonparty to the Plaintiff, etc. to pay KRW 50,000 of the balance of the instant sales contract after receiving the loan from the financial institution. On October 29, 2004, Seocheon District Court of Incheon, Seocheon-gu, Incheon District Court received KRW 79214, Oct. 29, 2004.

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