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(영문) 수원지방법원 평택지원 2018.06.21 2018가단50565
청구이의
Text

1. The Plaintiff’s notary public against the Defendant is a law firm D. Promissory note No. 713 dated December 16, 2013, No. 713.

Reasons

1. Basic facts

(a)the Korea Land and Housing Corporation and the Gyeonggi-do Si Corporation jointly implemented the FF development project for members of Pyeongtaek-si E, and the housing owned by the Plaintiff was included in the project area;

B. On December 10, 2013, when the Plaintiff is selected as a person to be supplied with the housing site for migrants in the future, the sales contract for the sale of the housing site for migrants to be supplied by the implementer was prepared on the basis of the sales right of the Plaintiff, the purchaser C (Defendant’s spouse), the purchase price of the Plaintiff, the purchaser, and the purchase price of 80 million won.

(hereinafter referred to as “the sales contract of this case”).

On May 23, 2016, the Plaintiff was selected as a person to be supplied with a housing site for the said development project and entered into a sales contract with the Korea Land and Housing Corporation at KRW 317,570,000 with regard to the following land:

(hereinafter “instant sales contract”). G

D. On the other hand, on December 9, 2013, a promissory note stated as the Defendant was issued at sight payment date, the issuer, the Plaintiff, H, and the Defendant (hereinafter “instant promissory note”), and on December 16, 2013, a notarial deed stated in Paragraph (1) was written regarding the said promissory note. On the other hand, the said notarial deed states the client’s “creditor, the obligor, and the Plaintiff, and the Defendant’s agent” as “the Defendant” on the said notarial deed.

(hereinafter “this case’s No. notarial deed”). / [Grounds for recognition] without dispute, Gap evidence No. 3, Eul evidence Nos. 1 and 5, and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The plaintiff 1 sold to the plaintiff 1 the sales right to the plaintiff 65 million won and did not sell it to the defendant or C.

I had a seal affixed to a sales contract, etc. in blank where a buyer and a sales price are blank, and had a seal affixed to the Plaintiff, and had it sold to C, but the said documents were delivered, and the sales contract, etc. of this case was prepared without the Plaintiff’s consent.

The purchase and sale contract between the plaintiff and the defendant is concluded.

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