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(영문) 수원지방법원 2018.06.21 2017나14120
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On June 23, 2012, the Defendant entered into an exchange agreement with the Yongsan-gu Seoul Special Metropolitan City J-do D site and its third-story accommodation facilities (hereinafter “J-do”) owned by the Defendant (hereinafter “J-do”) to exchange the land and the third-story accommodation facilities owned by the Defendant.

B. On July 13, 2012, when the Defendant did not complete the registration of ownership transfer for the Maternel, the Defendant entered into an exchange contract (hereinafter “F shopping district exchange contract”) with the content of exchanging the first floor No. 101 (hereinafter “F shopping district”) of the Dongdaemun-gu Seoul (hereinafter “F shopping district”).

On August 20, 2012, the Defendant paid the exchange difference of KRW 20 million at the time of the contract to C, the remainder of KRW 30 million, and the sum of KRW 50 million. The description of each exchange object and the contents of each special agreement are as follows:

C Product Location: A description of the first floor of the Dongdaemun-gu Seoul Metropolitan Government F building 101 – An explanation of the exchange: a loan of KRW 250 million (one bank), KRW 100 million on collateral security (K), KRW 70 million on deposit for lease: The location of the Defendant’s Property: D Dong Dong Dong-dong-gun, Jinan-gun-gun, Jeollabuk-do; 18 guest rooms; and 150 million on loan. C succeeds to the Defendant’s loan of KRW 150 million.

It is a condition that C succeeds to a lease agreement on the goods (a security deposit of KRW 70 million and KRW 3.6 million) on the goods (a security deposit of KRW 70 million and KRW 3.6 million). C shall, after cancelling a loan of KRW 250 million, which is a defective amount entered in the property registry on the goods, succeed to and dispose of the new bank loan of KRW 450 million after acquiring a new bank loan of KRW 110 million,000,000,000,000,000,000,000

C. As between G on July 26, 2012, the Defendant exchanged F commercial buildings with G’s second floor L building 211 (hereinafter “commercial buildings”). G transferred the F commercial buildings to the Defendant by cancelling the right to collateral security established on the commercial buildings at G time, and instead transferred the same to the Defendant from the Defendant on August 20, 2012, instead, the exchange difference between the F commercial buildings at KRW 3 million on the date of the contract, the remainder of KRW 67 million on August 20, 2012, and KRW 70 million on the aggregate.

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