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1. The plaintiff's lawsuit against the defendant C shall be dismissed.
2. Defendant B: (a) KRW 26,317,428 to the Plaintiff and its related expenses on March 2014.
Reasons
1. Determination as to the claim against the defendant B
A. The facts of recognition 1) On February 9, 2009, Defendant B concluded a sales contract between Defendant B and E to sell Nos. 203 and 301 of the Seocho-gu Seoul Metropolitan Government D building 203 and 900 million won (hereinafter “instant 1 sales contract”).
(2) Defendant B entered into a sales contract with E to purchase KRW 20,00,000 from E on January 22, 2009, the provisional contract deposit of KRW 80,000,000 on February 9, 2009, the intermediate payment of KRW 100,000 on February 11, 2009, and KRW 250,000,000,000,000,000 for the remainder on April 13, 2009. 2) between E and E on February 11, 2009, the Plaintiff concluded a sales contract to purchase KRW 203,465,00,00 from E.
(3) On August 27, 2010, the Plaintiff asserted that the instant secondary sales contract was cancelled on the ground of fraud against E, etc., and filed a lawsuit seeking restitution of KRW 212,80,000 for the amount already paid and its delay damages (Seoul Central District Court 2010Gahap8816). In the instant lawsuit, “E shall pay KRW 212,80,000 to the Plaintiff by July 31, 201, and if the payment is not made, the conciliation was concluded that “E shall pay the amount unpaid plus delay damages at a rate of 20% per annum from the day following the date of payment to the day of full payment. 4) Defendant B released the instant sales contract on September 28, 2009 on the ground of the remainder of the sales contract, including the cancellation of the instant first sales contract on the ground of the remainder of payment.
5) On March 10, 2014, the Plaintiff: (a) received a collection order for the claim for the claim under the above conciliation protocol against E; and (b) received a collection order for the claim for the refund of the purchase price under the First Sale Contract, which E had against Defendant B (Seoul Central District Court 2014TT7, hereinafter referred to as “the collection order for the instant case”).
The original text of the above order shall be March 12, 2014.