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(영문) 서울서부지방법원 2018.12.12 2017가합39108
손해배상청구의 소
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 220,000,00 and KRW 15% per annum from December 5, 2017 to the date of full payment.

Reasons

Facts of recognition

Defendant B Co., Ltd. (hereinafter referred to as “Co., Ltd.”) is a company established for the purpose of producing a broadcast program, etc. for the purpose of site creation business, etc., and Defendant C is the representative director of Defendant B and Defendant E is the representative director of Defendant D.

On May 7, 2012, Defendant B entered into a contract with K Company to sell to K Company the share of KRW 406/1201 and its ground-use right of KRW 1.6 billion in price, out of the notice of 122 meters of square meters of the F cemetery, G previous 1,441 meters of square meters, G, H cemetery 112 meters of square meters of square meters, I,574 meters of square meters, and J orchard 1,201 meters of square meters, of the notice of 406/1201 meters of square meters of land owned by Defendant B (hereinafter “instant land”).

(hereinafter “instant sales contract”). The instant sales contract includes the following:

Article 3 (Terms of Contracts)

E. Defendant B may not sell, transfer, lease, or offer additional security to a third party the right to land and building permit after the conclusion of this contract.

Article 4 (Termination of Contract and Compensation for Damages)

A. In the event that Defendant B violated the terms of the contract under Article 3 without any prior adjustment with the K Company, the amount of the down payment shall be compensated, and in the event that the K Company violated the preceding provisions of Article 2 or inflicted damages on Defendant B, this contract shall be automatically terminated, and the down payment shall be reverted to Defendant B.

On March 25, 2014, the Plaintiff acquired the buyer’s status under the instant sales contract from K Company.

(hereinafter “instant contract for acquisition of buyer’s status.” However, in addition to the instant land, the land subject to the instant contract for acquisition of the buyer’s status was added to the land subject to the instant contract for acquisition of the buyer’s status, the remainder of which is 795/1,201m of the 795/1,201m of square meters in J-su, Seopo-si, Seopo-si, Seopo-si (hereinafter “instant additional land”).

On April 29, 2014, Defendant B created a right to collateral security of KRW 27 billion with respect to the land in this case to a religious organization.

On April 14, 2015, the Plaintiff filed a lawsuit against K Company and Defendant B, and the Seoul Central District Court.

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