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(영문) 서울중앙지방법원 2017.12.14 2017가단5068888
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts below the underlying facts may be admitted, either in dispute between the parties or in full view of the purport of the entire pleadings, as stated in Gap evidence 1 to 7, Eul evidence 1 to 10 (including the number; hereinafter the same shall apply) and the testimony of the witness C.

C On July 1, 2015, between the Plaintiff and the Plaintiff, written a sales contract (Evidence A 2) between the Plaintiff and the Plaintiff, which sells two parcels among nine parcels of the first nine parcels of the housing site for electric source of the Chungcheong City, and about KRW 1,20,000,000 of the sale area of the housing site, for about KRW 40,000.

B. However, on July 20, 2015, C prepared a contract for the sale of the site of electric source (hereinafter “instant contract for sale in lots or the instant contract for sale in lots”) with the Plaintiff to sell at least KRW 60 million with respect to one parcel out of nine parcels of the first and nine parcels of the site of electric source D, Chungcheongnam-si, and approximately 200 square meters of the area of the site for sale in lots (hereinafter “instant site for electric source”), and signed and sealed the Defendant’s seal.

C. The main contents of the instant sales contract are as follows.

In selling the site of this case in advance, the contract for sale between the defendant and the purchaser of the site of electric power resource shall enter into a contract for sale with the following contents:

1. Sale area of one parcel (number 5 of parcels in lots) among nine parcels in the first place of the housing site for the site for the whole house of the D day, at the time of loyalty of the object of sale: 200 square meters (total land of five parcels);

2. In principle, Article 1 of the sales contract content applies to the sale price of the site for the whole house to the defendant under the condition that the plaintiff, who is the project implementer, transfers the site for the whole house to the defendant under the completion of the civil works, and the sale price per

The daily KRW 00,000,000,000,000, written in the sale contract for one parcel of land(E) for the electric source housing site, seems to be a clerical error of KRW 1,000.

(60,000,000) The contract shall be made in a lump sum by the defendant to the plaintiff at the same time as the contract is made.

(200 square x 300,000).

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