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(영문) 서울북부지방법원 2017.10.24 2016가단130711
손해배상 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff was the owner of Hancheon-gun, Seocheon-gun, Seocheon-gun C, 411 square meters (hereinafter “instant one land”), D farm site of 1084 square meters (hereinafter “instant two land”), E field of 6568 square meters (hereinafter “instant three land”).

B. Around August 21, 2011, F himself/herself as the representative director of G Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), and the Plaintiff tried to purchase each of the instant land in KRW 570 million and develop it as a electric source housing area. To facilitate the construction work, F stated that the Plaintiff would pay the land of this case in the name of the Defendant for the transfer of the instant land in the name of the Defendant, intermediate payments, and remainder payments without the framework after the completion of the building.

C. Around August 22, 2011, the Plaintiff entered into a sales contract for each of the instant lands with the Nonparty Company, and prepared an implementation agreement with the following contents:

(hereinafter “instant sales contract”). A performance agreement

2. Sales price: The interest of KRW 570 million (the Saemaul Depository’s KRW 190 million) shall be paid by the buyer simultaneously with the contract.

- The seller will first transfer the land of this case to the buyer, and the building authorization is named as a person designated by the seller.

The second down payment: 150 million won - the second down payment shall be deposited within 100 days after the payment of the first contract.

(19 November 19, 201) - The land in which the article (the land in this case 1, 2) was located after the payment of the second down payment shall be named, and the buyer shall provide that the seller wishes to establish a right to collateral security and make a provisional registration.

3. Balance: 170 million won - 60 days after the payment of the second down payment shall be completed.

January 18, 2012) D.

The Plaintiff received down payment of KRW 50 million and completed the registration of ownership transfer for the instant three land in the future of the Defendant designated by F around November 1, 201 by F.

E. However, Nonparty Company did not pay intermediate payments and remainder, and did not accept collateral security obligations.

Accordingly, the plaintiff around 2012.

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