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(영문) 서울동부지방법원 2018.11.16 2017가단142845
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 22, 2014, the Defendant entered into a contract with C and the Defendant for the exchange of land (hereinafter “instant land”) outside D and seven parcels (hereinafter “instant land”) and 204 units of the building E, Young-gu, Young-gu, Young-si, G owned. Thereafter, C urged C to perform its obligations under the said exchange contract as it failed to perform its obligations under the said exchange contract, and notified C on March 5, 2015, that the claim for ownership transfer on the instant land was extinguished.

B. Since then, the Defendant sold the instant land from C to the Plaintiff, it is understood that C took over the above exchange contract status to the Plaintiff.

On May 29, 2015, the Plaintiff was requested to conclude an exchange contract on the instant land between the Plaintiff and the Plaintiff, and on May 29, 2015, the Plaintiff’s husband F.

Between the instant land and the Plaintiff’s salary certificate (hereinafter “instant contract”) entered into an exchange contract with the terms of exchanging 14th term of the Plaintiff’s salary certificate, and the terms of the special agreement are as follows.

Matters of special agreement

1. A (Defendant) and B (Plaintiffs) shall exchange without any difference in exchange, and B (actual transaction amount: KRW 4.7 million) shall accept and succeed to the bank obligations of Party A, which shall be KRW 500,000,000,00,000, and shall exchange with Party A with each other, the 14th period of the Charnel Document at the intervals of Party A;

2. Bank obligations of Party A (the principal of the loan at the NAF branch of Yongin Livestock Do) (the principal of the loan at KRW 500 million) are conditions of succession (the registration of ownership transfer and simultaneous performance terms), and the redemption commission of Party A incurred at the time of replacement with others shall be borne by B

3. At the time of an exchange contract with A and the intermediate buyer, C, as the loans of KRW 440,000,000,000,000 that C had decided to acquire and succeed to, on April 3, 2015, increased by 60,000 as additional loans of Party A, B, to acquire and succeed to, the principal of the loan.

However, the amount calculated by deducting KRW 22,50,000 as of May 29, 2015, from the difference between KRW 440,000 and KRW 500,000 increased by additional loans of KRW 60,000,000, which the intermediate buyer agreed to first succeed.

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