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(영문) 광주지방법원 순천지원 2018.03.20 2017가단70981
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. Facts of recognition;

A. On August 23, 2016, the Plaintiff entered into a sales contract with Defendant B, under which: (a) KRW 384,00,000 for the instant land; (b) KRW 39,000 for the sales price; and (c) the intermediate payment of KRW 50,000 for the intermediate payment of KRW 50,000 on September 23, 2016; and (b) the remainder payment of KRW 295,00,000 for the remainder payment of KRW 295,000 for the instant land; and (c) the remainder payment of KRW 295,00,000 for the instant housing on October 24, 2016.

(hereinafter “instant primary sales contract”). B.

On September 25, 2016, the Plaintiff paid the Defendant the intermediate payment of KRW 50,000,000,000, and conducted a survey on the cadastral status of the instant real estate on October 18, 2016. As a result of the survey, there was a G building on the part of 105 square meters of the instant land, and the part of 28 square meters of the attached drawing (C) was a H building. Of the instant building, the part of 3.3 square meters of the attached drawing (d) was a 1 forest part, and the part of 3.1 square meters of the instant building was a 33.1 square meters of without permission.

C. On October 26, 2016, the Plaintiff paid the remainder of the purchase price of the instant real estate as KRW 10,000,000, which is part of the remainder under the instant first sale contract, to Nonparty JD office, and paid the remainder of the sales contract under the name of Defendant B and Nonparty K from October 26, 2016 to November 3, 2016. (2) On November 7, 2016, the Plaintiff paid the remainder of the purchase price of the instant real estate as KRW 384,00,000 on the day, and the intermediate payment of KRW 50,000,000 on the day, and the intermediate payment of KRW 39,00,000 on the day of the sales contract as well as the penalty surcharge for each of the instant sales contract (hereinafter “the remainder of the sales contract”) to the Plaintiff’s account under the name of Defendant B and Nonparty K from October 26, 2016.

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