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(영문) 인천지방법원부천지원 2015.08.25 2015가단104062
손해배상(기)
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 Co., Ltd. (hereinafter “Defendant Company”) is a company engaged in real estate development, brokerage, sale and purchase, and sale, and Defendant C is a representative director of the Defendant Company, and Defendant D is a person who has worked in the same workplace as the Plaintiff in the past.

B. The Defendant Company’s real estate purchase and division 1) was originally divided into six parcels including the 6,416 square meters of forest land in Gyeyang-gun, Gyeyang-do. The Defendant Company completed the registration of ownership transfer with respect to the 6,416 square meters of forest land as above on December 24, 2009. The Defendant Company attempted to divide the said land for the purpose of real estate development and sale business and sell it to the general public. The said land was later divided into eight parcels including G 6,392 square meters of forest land, and H 670 square meters of forest land as of March 17, 2010 (hereinafter “instant land”).

C. On December 19, 2009, the Plaintiff decided to purchase the instant land from the Defendant Company (hereinafter “instant sales contract”) (hereinafter “instant sales contract”).

) Since the Gyeonggi-do Gyeyang-gun land division was not conducted at the time, the sales contract between the Plaintiff and the Defendant Company stated in the indication column of real estate as “(i), size of 330 square meters, total amount of KRW 45,000,000 (contract deposit amount of KRW 45,500,000) and KRW 2% D/C at the time of temporary payment of the remainder (the Plaintiff remitted the down payment of KRW 4,50,000 on the same day to the account of the Defendant Company, and KRW 39,500,000 under the discount agreement out of the remainder of December 28, 2009, respectively.

(2) Since January 10, 2010, a sales contract was prepared between the Plaintiff and the Defendant, stating the indication of real estate on January 10, 2010 as “(I) of Gyeonggi-do Yangyang-gun E,” “total amount of KRW 22,500,000 (contract amount of KRW 22,250,000)” and “2% D/C at the time of a temporary payment of remainder.” In other words, on March 6, 2010, the indication of real estate on March 6, 2010 as “I (G) of Gyeonggi-do Yangyang-gun E,” and “amount of money of KRW 20,80.

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