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(영문) 광주지방법원 2017.07.07 2016가합55426
사업비 지출 청구 등
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. On December 19, 2014, C entered into a contract with D Co., Ltd. (hereinafter “D”) to purchase KRW 1,897,500,000 in total of the sales prices of commercial buildings, officetels H, Jho, K and L in the Seo-gu, Gwangju (hereinafter “instant officetel”) developed by the said company (hereinafter “instant officetel”) = KRW 1,897,50,000 in total [1,343,00,000 in commercial buildings (110,50,000 per office purchase price per office) x 5]. The said sales contract (hereinafter “instant sales contract”) stipulated that C shall pay the sales price in the Defendant’s bank account (N).

B. C paid KRW 600,00,000,000 on December 19, 2014 as the sale price under the instant contract, and KRW 300,000,000 on December 31, 2014 to the Defendant.

Article 17 (Performance of Sale Business, etc.) (1) Sale business (sale advertisement, conclusion of sale contracts, selection of sales agency, etc.) under the project shall be conducted at the responsibilities and charge of A (referring to D) and shall proceed through consultation with B (referring to O stock company and P stock company) and C (referring to the defendant).

(4) The receipt and management of proceeds from sale in lots shall be performed by disease.

Article 18 (Management, etc. of Sale Contracts) (1) A shall make a sales contract after consultation with B and B, and it shall comply with the provisions of the Act on Sale of Buildings.

(2) The written contract for sale in lots shall be signed and sealed by the seller as the seller, as the responsible completion company, and Byung as an agent trust company.

(4) Sales proceeds shall be collected only from Byung's fund management account, and in order to clearly indicate the fund management account and clearly indicate the scope of duties according to the protection of buyers and the receipt of sales proceeds by Byung, the following provisions shall be specified in the sales contract:

(Omission) Article 19 (Sale Price, etc.) (2) A shall transfer the sale price claim against the buyer to Byung, and Byung shall take over the claim.

C. Meanwhile, the Defendant around February 2014, as well as D, O, P, and Q organization.

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