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(영문) 서울중앙지방법원 2018.06.28 2017가단5099677
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. Basic facts

A. Around 2013, Nonparty 23, including the Defendants and Nonparty F, a joint owner of Seongdong-gu Seoul, Seongdong-gu, D, E land totaling 4,274 square meters and above-ground buildings (hereinafter “instant real estate”) entered into a real estate sales contract (hereinafter “the primary sales contract”) to purchase the instant real estate from 42,665,370,000 won (hereinafter “the instant real estate sales contract”).

B. The non-party company did not pay the contractual amount and the down payment to the seller under the first sales contract, and the said contract was invalidated.

C. The Plaintiff agreed with the non-party company to succeed to the status of the seller under the first sales contract, and it was necessary to conclude a new sales contract with the seller of the first sales contract.

Therefore, the Plaintiff’s intervention in Nonparty International Assets Trust Co., Ltd. in the first sale contract around 2014 is an international assets Trust Co., Ltd. for the same real estate as the first sale contract with 12 persons, including some Defendants, and 1/2 shares of which are calculated as KRW 34,00,00 on an ordinary basis, and the amount is calculated as KRW 21,979,130,000 on an ordinary basis.

(e) On May 27, 2014, the International Asset Trust Co., Ltd. paid KRW 91,580,000 to the Defendants each as the down payment of the second sales contract, and paid KRW 609,484,000 in total to 9 persons, including Nonparty G, and paid KRW 183,160,000 to 4 persons, including Nonparty G on June 5, 2014. [Grounds for Recognition] The fact that there is no dispute, each entry (including serial number; hereinafter the same shall apply) in the evidence A1 through 12.

- The purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion deposited KRW 1,00,000,000 to the International Asset Trust Co., Ltd., and paid the said money to the seller including the Defendants, and the down payment under the secondary sales contract was made.

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