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(영문) 서울중앙지방법원 2015.12.11 2014가합589645
손해배상 등 청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On March 25, 2013, Defendant B, from the Korea Land and Housing Corporation, sold the sales price of KRW 187,000,000 (including value-added tax) to the shopping mall 102 (hereinafter “instant shopping mall”) in Yongsan-gu G complex in Gyeyang-gu, Seoyang-gu (hereinafter “instant shopping mall”), and agreed to pay KRW 37,400,000 as down payment to the Korea Land and Housing Corporation on the same day, and the remainder KRW 149,60,000 as determined on the date of occupancy designation by the Korea Land and Housing Corporation.

On the other hand, Defendant C is an internal director of Defendant B, and Defendant F is the spouse of Defendant C.

B. As to the commercial building of this case, between Defendant B and Defendant E, between Defendant B and Defendant E, between the lessor, Defendant B and Defendant E, and one other, and the lease deposit amount of KRW 30 million (payment of KRW 3 million in the contract amount, the balance of KRW 27 million in the contract amount). Defendant B and the lease period of KRW 14 million per month and KRW 12 months until July 31, 2014 (Provided, That the monthly commercial rent contract of KRW 1,00,000,000,000,000 in the contract amount of KRW 1,40,000 in the contract amount of KRW 30,00,000,000 in the contract amount of KRW 30,000,000,000 in the contract amount of KRW 30,000,000,000 in the contract amount of KRW 30,000,000,000 in the contract amount of KRW 4,7131.

C. On April 29, 2013, the Plaintiff purchased the instant commercial building from Defendant B for KRW 245,00,000 under the brokerage of Defendant D, a licensed real estate agent.

Meanwhile, the down payment of KRW 40 million shall be paid at the time of the contract and the remaining amount of KRW 205,00,000 shall be paid on May 2, 2013, and KRW 55,400,000 out of the remainder shall be paid directly to Defendant B on May 2, 2013, and the remainder of KRW 149,60,000 shall be paid directly to the Plaintiff on May 2, 2013.

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