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(영문) 대구지방법원 2015.09.03 2014가합204035
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On July 2, 2008, Plaintiff B Co., Ltd. (hereinafter “B”) entered into a sales contract with Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with respect to the sales amount of KRW 14,413 square meters for E forest land, KRW 15,222 square meters for F forest land and KRW 15,568 square meters for G forest land in Gyeyang-si, and KRW 3.8 billion for access road of KRW 1568 square meters for G forest land (hereinafter “instant real estate”). The sales contract was concluded with Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) to pay KRW 3.5 billion for the remainder on the date of the contract, KRW 3.5 billion for the remainder on the date of the contract, KRW 3.45 billion for the access road of the said G land, and to pay KRW 100 million on July 20, 2008 (hereinafter “instant sales contract”).

(A) Evidence No. 1). (b)

Plaintiff

B at the time of concluding the instant sales contract, the Plaintiff Company A (hereinafter “A”) agreed to receive an investment of KRW 350 million to use the money to pay the down payment of the instant sales contract, and to pay the Plaintiff A the total amount of KRW 700 million.

(A) On the other hand, at the time of the conclusion of the instant sales contract, the Defendant Company prepared a loan certificate stating that “The Defendant Company borrowed the down payment from the Plaintiff Company and repaid it until September 2, 2008, and may postpone payment from that time for 60 days thereafter,” with respect to the amount of KRW 350,000,000 to be paid by the Plaintiff Company B.”

(A) No. 7 1.c.

Plaintiff

A paid to the Defendant Company a total of KRW 350 million on July 2, 2008, and KRW 150 million on July 4, 2008. D.

On the other hand, on July 2, 2008, the date when the sales contract of this case was concluded, with respect to the share of 15,222 square meters and 15,222 square meters and H forest 25,738 square meters in Gyeyang-si, Ulsan District Court received 3710 square meters, each of which the provisional registration of the right to claim ownership transfer on the ground of a pre-sale was completed in the name of the Plaintiff A, and on July 8, 2008, with respect to the 1,568 square meters of G forest 1,568 square meters in Gyeyang-si, Ulsan District Court received 3805, July 7, 2008.

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