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(영문) 울산지방법원 2014.09.03 2013가합4803
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. Basic facts

A. The relationship between the parties and the deceased F (hereinafter “the deceased”) are old friendlys, and the Defendants are the successors of the deceased.

B. The Deceased, who entered into a sales contract on the instant real estate, recommended the Plaintiff to make a large amount of profit when concluding a sales contract on the land of 28,639 square meters of GYY-si, Gyeonggi-si (hereinafter “instant real estate”), while soliciting the Plaintiff to invest part of the sales price at the time of selling the instant real estate.

The Plaintiff believed the horses of the Deceased, and agreed to invest KRW 133,00,000, and KRW 134,000,000 for the Deceased, respectively. On May 20, 2008, the Plaintiff concluded a sales contract with I on May 20, 2008, stating “the purchase price of KRW 1,10,000,000 for the instant real property,” and “the purchaser’s column,” and the Plaintiff delivered KRW 134,00,00 for the Deceased.

C. On May 20, 2008, the plaintiff and two persons, including the deceased, prepared a development consultation with the K representative director of the J of the Dispute Resolution and the Noreul Development Agreement on the real estate in this case, and the main contents thereof are as follows.

The location of real estate for the real estate development consultation letter: The consultation on the construction and development of the site for the real estate site above L on the racing shall be as follows.

1. “B” shall be responsible for and implement all matters specified in the real estate agreement submitted by “A”.

2. “A” shall not require an amount, other than KRW 400 million, of the real estate purchased by “A”, until the development is completed.

3. The remaining 700 million won of real estate outstanding to be paid on July 31, 2008 shall be liable and payable by the Dispute Settlement Council.

4.All documents necessary for authorization and permission shall be promptly submitted to “A”.

5. “A” shall pay the sum of KRW 400,000 and KRW 800,000,000 for profits of KRW 400,00,000.

6. “A” purchased KRW 400 million shall be paid “A” and “A” shall be for the benefit of the enterprise when the enterprise is selected and the intermediate payment is taken.

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