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(영문) 의정부지방법원 2020.09.23 2019가합53211
손해배상(기)
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On November 3, 2017, the Plaintiff purchased a site for E parking lots (parking-12) 1,375 square meters (hereinafter “Plaintiff’s land sale right”) located in 1,807,540,000 square meters in 1,807,540,000, and paid the down payment of KRW 180,754,000 on the same day.

B. On October 17, 2018, the Plaintiff entered into a real estate exchange agreement (hereinafter “instant exchange agreement”) with Defendant C to exchange the Plaintiff’s land purchase right and the real estate listed in the separate sheet owned by Defendant B (hereinafter “instant real estate”).

The main contents of the instant exchange contract are as follows.

(A) The term “A” and “B” mean the Plaintiff respectively. Article 2 (Exchange Method) “A” shall take charge of the current sales contract of “B” and shall take charge of 10% of the down payment of the down payment of KRW 1,807,540,000.

The term "B" shall be to handle additional penalty and other charges on the defendant's land.

The term "B" shall be an exchange contract under the current status of "A". The term "B" shall be responsible for the rental deposit of the lessee.

“B” shall proceed with the exchange of the above real estate, and shall proceed to the public notice price of “A” at the time of entry of the price.

The term "A" and "B" shall proceed with the present contract and proceed with a certified judicial scrivener after the intermediate payment and shall be changed to an exchange contract.

The term "A" shall arrange the collateral security of A's real estate after the intermediate payment.

Article 3 (Payment of Price) 30 million won intermediate payment of KRW 30 million on October 4, 2018, 2018, the remainder of KRW 120 million on October 8, 2018, 140 million on October 17, 2018

C. The Plaintiff paid KRW 30 million to Defendant C as the down payment on October 2, 2018, and paid the intermediate payment and the remainder in full thereafter, and completed the registration of ownership transfer in the name of the Plaintiff on October 17, 2018.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion.

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