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(영문) 창원지방법원통영지원 2016.05.19 2014가합2774
손해배상(기)
Text

1. Defendant D Co., Ltd.: (a) KRW 110,00,000 for the Plaintiff and the period from August 9, 2014 to November 4, 2014.

Reasons

1. Basic facts

A. The Plaintiff owned 198 square meters in F, G, 344 square meters in total, H, 86 square meters in total, 106 square meters in G, and 120 square meters in J, and 98 square meters in K, which are adjacent to each other (hereinafter referred to as “large-scale”).

B. On June 29, 2011, the Plaintiff sold to Nonparty L an I 106С and a single-story house with a purchase price of KRW 160,00,000,000. On the same day, the Plaintiff sold J 120 square meters in purchase price of KRW 90,000,000 to L.

(hereinafter) Each of the above sales contracts between the Plaintiff and L is “instant first sales contract,” and L has completed the registration of ownership transfer as to each of the above real estate on August 26, 201.

C. On May 24, 2013, the Plaintiff: (a) divided the total of 198 square meters with Defendant D Co., Ltd. (hereinafter “Defendant D”); (b) 344 square meters prior to G; (c) 86 square meters prior to H; and (d) 726 square meters prior to K 344 square meters prior to G on March 5, 2014; (b) divided the total of 123 square meters prior to G into 86 square meters; (c) divided the 10 square meters prior to H; and (d) divided the 19 square meters from K 98 square meters into the total of 198 square meters.

(B) The land category of each of the above lands was changed to “the building site.” Accordingly, the subject matter of the sales contract was the F 198 square meters, G 21 square meters, H 21 square meters, M 76 square meters, M 123 square meters, N 10 square meters, K 79 square meters, and O 19 square meters, and 726 square meters in total. The subject matter of the sales contract was the remainder, 80 million won, 100,000,000 won (hereinafter “the second sale contract of this case”; and the subject matter of the said sales contract was the remainder, 80,000,000 won after the completion of the registration of a corporation’s investment, and the remainder, 100,000 won was paid after the completion of construction and 45 days.

A: Defendant D and B: The outline of the project of Plaintiff A (a summary of the project) is as follows.

1. Business name: (tentative) multi-household housing; and

2. Land for business: J (road section 33 square meters) in the case of the farmland of each land of this case.

3. Site area: Article 3 is that the outline of a project with 33 square meters in a 726 square meters road may be changed to a survey, construction, authorization process, design change, etc.

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