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(영문) 창원지방법원통영지원 2016.12.22 2015가합11447
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On July 19, 2013, the Plaintiff entered into a sales contract with 6 lots of land E, F ground buildings, G ground buildings, H ground buildings (hereinafter “each of the instant real estate”), landscaping facilities, etc., including land E (hereinafter “instant sales contract”), and the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with I and J, representing the Defendants as their owners, for a total amount of KRW 2.8 billion (hereinafter “instant sales contract”).

(Defendant B is the wife of Defendant I, Defendant D is the sentence of Defendant I, and Defendant C is the wife of J). Specific details are as follows:

Defendant B 1 E-I 450,500,000 purchase price as an agent for the owner of a lot number, Defendant B I 734,500,000 won, and F 3 F 330,000 won, and Defendant C 4 K 5 G Defendant CJ 360,000,000 won, and Defendant C7H D 325,000,000 won and D 8 H 8 H 9 L L L L L 20,000, totaling KRW 300,000,000 and KRW 2,80,000,000,000 and KRW 300,000,000,000 and KRW 300,000,000,000 and KRW 300,000,000,000 per annum as a maximum debt amount, and Defendant C 30,005,005,00.

The Plaintiff paid the down payment of KRW 200,000,000 on the date of the conclusion of the instant sales contract, and the intermediate payment of KRW 500,000,000,000, which the Plaintiff agreed to substitute for the payment of KRW 500,000,000, which the Plaintiff had against J. on February 10, 2014, when the Plaintiff succeeded to the obligation of KRW 1,630,000 for loans of KRW 1,630,000 for each real estate of this case on February 10, 2014, the remainder payment date (=2,80,000,000 - KRW 50,000,0000 - 1,630,000,000 for each real estate of this case on February 10, 2014.

Article 9 (Cancellation of Contracts)

1. “B” refers to Defendant C’s agent J.

Section I. The agents of Defendant B and D shall be the Corporation.

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