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(영문) 창원지방법원 2017.12.07 2017가단102740
손해배상(기)
Text

1. Defendant C: (a) from October 27, 2016 to Plaintiff A, KRW 108,273,773, and KRW 82,291,469, and each of the above amounts.

Reasons

1. Facts of recognition;

A. With respect to the Plaintiff, Gangseo-gu Seoul Metropolitan Government F apartment 133 Dong 1403 (hereinafter “F apartment 133 Dong 1403”) (hereinafter “F apartment 1403 Dong 1403”) and the Plaintiff B entered into each sales contract with the F apartment 105 Dong 403. (B) The process of entering into the sales contract with Plaintiff A was the introduction of Nonparty G, and the Plaintiff A sent Defendant C with the seal affixed to the sales contract, and the Defendant C would give KRW 3 million if the seal affixed to the sales contract.

The proposal was received. Accordingly, on January 9, 2014, Plaintiff A acquired the status of the purchaser of the above apartment unit sales contract from Nonparty H, a seller of F apartment unit 133 Dong 1403, and received KRW 3 million thereafter. (2) On July 14, 2015, Plaintiff A was notified of the cancellation of the sales contract due to Non-Party A’s failure to pay the purchase price for the above apartment unit within the due date. (3) The Non-Party Hyundai Construction Co., Ltd. received the claim against Plaintiff A related to the above apartment unit sales contract from the IHousing Reconstruction Co., Ltd., and then filed a lawsuit against Plaintiff B, claiming the payment of the purchase price by subrogation (Seoul Central District Court Decision 2016Da7469), and on December 28, 2016, Plaintiff A concluded the sales contract with Hyundai Construction Co., Ltd., Ltd. at the rate of KRW 108,370 and KRW 1737,271).

‘The proposal' was received.

Accordingly, on April 17, 2014, Plaintiff B acquired the status of the purchaser of the above apartment sale contract from Nonparty J and K, who is the purchaser of the F apartment 105 Dong 403, and received KRW 3 million in cash.

(2) Thereafter, around July 29, 2015, Plaintiff B is non-party.

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