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(영문) 부산지방법원 2017.02.08 2016가합40722
양수금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The agreement between Nonparty C, D and the Defendant, etc. is entered into between Nonparty C and the Defendant, etc. 1) Construction Co., Ltd., Ltd. (hereinafter “Construction of Walls”).

Around December 2003, Nonparty C and D (hereinafter referred to as “Nonindicted”)

31,499m2 (hereinafter referred to as “instant real estate”) shall be deemed to have been located on the Busan Seo-gu forest E.

In delegation of the right to sell the real estate, the non-party agreed to pay a certain amount of the purchase price to the quasi-party and bring the remainder to the non-party. 2) The non-party asked the defendant to sell the real estate of this case instead of the non-party on December 13, 2005. Accordingly, on December 30, 2005 between the non-party and the defendant, the non-party delegated the whole right to the real estate of this case to the defendant. The defendant shall pay to the non-party the remainder of the purchase price excluding the amount to be paid for the counter-construction after the sale of the real estate, and at least if the non-party is not paid 3 billion won, the delegation contract has no effect (hereinafter referred to as the "agreement on December 30, 2005"). Accordingly, the non-party entered into an agreement with the defendant on January 13, 2006 to sell the real estate of this case (hereinafter referred to as the "agreement on December 13, 2006").

(3) The total sale amount shall be KRW 10 billion per day ( e.g. 3,00,000) and KRW 10 billion per day ( e.g., e., e., e.g., e., e., e.g., e., e., e.g., e., e., e.g., e., e., e.g., e., e., e., e. g., e., e., e.g., e., e., e., e., e., e., e., e., e

(2) A0 billion won which is paid directly to the construction of a committee for the settlement of disputes shall be separate, and the daily fee of KRW 3,000,000,000 agreed between "A" and "B" shall be paid separately to "B".

(3) "B".

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