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(영문) 인천지방법원부천지원 2019.07.11 2018가단116523
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The party status 1) Defendant C Co., Ltd. (hereinafter “Defendant C”)

) A company with the purpose of real estate sale, lease, development business, etc., and Kimpo-si E with the second underground floor and the seventh floor above ground (G G in G in G in G; hereinafter “instant condominium”).

(2) Defendant D Co., Ltd. (hereinafter “Defendant D”) is a company with the purpose of real estate trust and business related thereto, and an agent for the sales business of the instant condominium building.

3) The Plaintiff shall set H from among the instant condominiums (hereinafter “instant condominiums”).

B) On December 12, 2017, the Plaintiffs concluded a sales contract with the Defendants to sell the instant commercial building in KRW 703,511,980 (hereinafter “instant sales contract”) with the Defendants on December 12, 2017.

2) The Plaintiffs wired KRW 140,702,396 in total amount of KRW 130,702,396 on December 6, 2017, and KRW 140,702,396 on December 12, 2017, as the down payment of the instant sales contract, to Defendant D’s deposit account in the instant sales contract. 3) The sales contract (supply certificate (Evidence (Evidence (Evidence (A)) prepared at the time of the instant sales contract is indicated as follows.

1. This contract is a contract for sale in lots, and the defendants are not liable for rental, recruitment, etc.

(Article 18(6) main text of this Act). (2) The housing units are concluded with I Co., Ltd. I (hereinafter referred to as “I”) and Asck Specialized in Escream.

It is confirmed that the Defendant C and the Plaintiffs were not leased contracts, and the Plaintiffs do not raise any objection when the occupation occupants of the I are located in the Ack Forest Specialized Point (Article 8 of the Special Agreement).

On August 16, 2018, the Plaintiffs informed the Defendants of the cancellation of the instant sales contract, and the J publicly announced that the instant condominiums, Hhohs, and L are located among the instant condominiums, and the Plaintiffs were aware of such public relations, and the J concluded the instant sales contract.

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