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(영문) 광주지방법원 2018.06.22 2017가단13316
손해배상(기)
Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. The parties' assertion

A. On April 5, 2015, the Plaintiff purchased the sales right of 40,000,000 won from Defendant C for the Etel Nos. 533 on the Seo-gu and four lots (hereinafter “instant officetel”).

However, at that time, the instant officetel was already sold to others.

The Defendants conspired to sell to the Plaintiff the right to sell to the Plaintiff, which did not exist from the beginning. As a result, the Plaintiff suffered damages of KRW 40,000,000, and the Defendants are liable to pay to each Plaintiff KRW 40,000,000 and damages for delay.

B. Defendant C did not resell the instant officetel sales right to the Plaintiff.

Defendant B, jointly with the Plaintiff, purchased at KRW 40,00,00 per heading room of Etel from FF Co., Ltd. (hereinafter “instant executor”). The instant officetel is the Plaintiff’s share among officetels purchased at that time.

Therefore, the plaintiff cannot respond to the request.

2. Determination

A. According to the statement of Gap evidence No. 1-1 as to whether the plaintiff resells the sales right of the officetel of this case from defendant C, the sales contract of the officetel of this case is acknowledged that the executor of this case stated the seller and the plaintiff as buyer.

However, in full view of the statements in Gap evidence No. 4, appraiser G's appraisal results, and the purport of the whole pleadings, the plaintiff did not have visited the office of the event of this case. The plaintiff reselled the office of this case from the defendant Eul, and only received the office sales contract of this case from the defendant Eul, and the unit of the sales contract of this case No. 1-2 was the unit of the defendant Eul, and the defendant Eul prepared the sales contract as the office of the event of this case with the plaintiff. The plaintiff asserted that the unit was the unit of the staff of the company of this case, and the plaintiff made a written appraisal of the sales contract of this case.

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