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(영문) 서울북부지방법원 2016.05.12 2014가합3966
양수금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. Defendant B completed the registration of ownership transfer on April 10, 2008 with respect to D 199 square meters (hereinafter “instant land”).

B. On May 10, 2008, the Plaintiff entered into a sales contract with Defendant B, called Defendant B’s agent, to purchase 301 (hereinafter “instant housing”) out of 6 households of F-Housing newly constructed on the instant land from Defendant B (hereinafter “F-Housing”) for 170 million won (hereinafter “instant sales contract”). The sales contract written at the time is indicated as “the seller’s agent, E, buyer, Plaintiff, and selling price of 190 million won.”

C. In relation to the instant sales contract, the Plaintiff delegated Defendant B’s authority over the conclusion of the instant real estate sales contract, down payment and intermediate payment, and the receipt of any balance from Defendant B. The Plaintiff was issued the power of attorney as of May 3, 2008.

The Plaintiff paid to Defendant B a total of KRW 10 million on May 12, 2008, KRW 10 million on May 19, 2008, KRW 10 million on June 30, 2008, KRW 20 million on July 2, 2008, KRW 10 million on July 11, 2008, KRW 15 million on July 11, 2008, KRW 5 million on December 15, 2008, KRW 10 million on June 23, 2009, KRW 75 million on June 24, 2009.

E. At around February 2009 (or around March 2009), E issued to Defendant B a written waiver to the effect that “E renounced all delegation rights with respect to the instant land, recovered various construction costs and profits from the receipt of loans to community credit cooperatives, down payment and intermediate payment, etc., and actively cooperates in finishing work, such as the settlement of balance, due to the remaining debts to Defendant B.”

F. On February 6, 2009, the approval for the use of the instant F Housing was granted from the competent authority on February 6, 2009, and on the same day, the registration of the preservation of ownership in Defendant B was completed by the Dobong District Court No. 7169 on the receipt of the Do

G. Defendant B.

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