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(영문) 서울중앙지방법원 2016.12.16 2016가합510063
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. Status 1 of the parties, etc.) The Plaintiff is exempt from the indication of “stock company” from the time of the second referring to the Co., Ltd. (hereinafter referred to as the “Co., Ltd.”).

D) On January 14, 2008, the building owner who obtained a building permit for the building of a building E large scale 2412.3 square meters (hereinafter “instant building”) in Nam-gu Incheon Metropolitan City on January 14, 2008, is the owner of the building who has obtained a building permit for the building of this case.

1. On 28. 28. One Asset Trust Co., Ltd. (formerly: One Income Trust Co., Ltd.) and one stock company entered into a trust agreement on the new construction and sale of the instant building.

B. On January 13, 2014, C entered into another workshop rental agreement and drafted a sales contract No. 107 of the instant building No. 107) provides that, around January 13, 2014, D and rent of KRW 150,000 (excluding value-added tax) shall be as follows: (i) 1 copy; (ii) 1 copy; and (iii) 1 copy of the instant lease agreement.

(2) Around January 16, 2014, the Plaintiff entered into a sales contract (A evidence No. 1; hereinafter “instant sales contract”) with D with regard to the building No. 107 of this case, the sales price of which is KRW 675 million between D and D, and the seller, the Plaintiff, the purchaser, and the sales price of which is KRW 675 million, and the details on the method of the intermediate payment (Article 2(1) are as follows.

D around 2014, the sales contract for the instant building No. 107 was prepared to a limited-liability company, a subcontractor of the instant building, and the status of purchaser on the said sales contract was transferred to F.C. The Defendant’s conclusion of the construction contract and the payment of rent for the other workshop No. 1) was suspended due to the reasons such as the payment of the construction cost of D around May 26, 2014, which was later designated later. However, D’s construction contract for the instant building was interrupted by D and the construction cost of KRW 19.8 billion (including value added tax) with D around May 26, 2014.

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