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(영문) 수원지방법원성남지원 2016.01.13 2015가합201646
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendants, as married couple, entered into a sales contract with the Korea Land and Housing Corporation on December 28, 2006, to purchase the land of this case from the Korea Land and Housing Corporation in Namyang-si, Namyang-si, 782.8 square meters (hereinafter “instant land”), and completed the registration of ownership transfer on the instant land on November 23, 2009.

B. Defendant D borrowed three billion won from the National Federation of Fisheries Cooperatives (hereinafter “the Federation”), and completed on November 23, 2009 the registration of the establishment of a mortgage over the land of this case as a maximum debt amount of KRW 3,933,80,000, the debtor D and the mortgagee.

C. On July 16, 2012, Defendant D entered into a contract on vicarious execution and vicarious sale of a new construction of accommodation and neighborhood living facilities (hereinafter “instant building”) on the instant land with the World Industry Development Co., Ltd. (hereinafter “ND”) and notified that the instant agency contract was terminated on April 29, 2013, when Defendant D entered into a contract on vicarious execution and vicarious sale of accommodation and neighborhood living facilities (hereinafter “instant agency contract”).

Therefore, since the expression of intent to terminate the above termination is null and void, the development of the World Industry was completed on June 4, 2013, by asserting that Defendant D has a claim for the enforcement commission fee of KRW 881,119,000 under the instant agency contract.

E. As between F on April 18, 2013, Defendant D entered into a pre-sale agreement with respect to the instant land, and completed the registration of the right to claim ownership transfer in the future on May 2, 2013, and F transferred the right to claim ownership transfer on June 27, 2013 to the Passenger Industry Development Co., Ltd. (hereinafter “F”) and registered the right to claim ownership transfer on July 2, 2013.

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