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(영문) 대전지방법원천안지원 2013.09.13 2012가합3800
예약금반환 및 손해배상
Text

1. Defendant B’s KRW 500,000,000 as well as 5% per annum from January 19, 2010 to August 27, 2012 to the Plaintiff.

Reasons

1. Basic facts

A. The relationship 1) The Plaintiff is a company engaged in real estate development business, etc., and the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”).

(2) The purpose of Defendant B is to contribute to the development of the national economy by promoting the improvement of national housing life and efficient utilization of land through the acquisition, development, cultivation, supply, and management of land, and the construction, supply, and management of housing. Defendant B served as the Grade III Team Vice-Chairperson of the Korea Industrial Complex Corporation from July 1, 2007 to June 22, 201; D is a person in charge of the affairs, such as purchase and sale contract, receipt of the purchase price, such as deposit, contract deposit, etc. (hereinafter “E”), F Co., Ltd. (hereinafter “F”), G (hereinafter “G”), and the actual operator of the Plaintiff Company, as D’s partner, and H was the representative director and the internal director of the Plaintiff Company, on behalf of the Plaintiff Company from July 1, 2010 to July 7, 2011.

3) Except from July 1, 2010 to July 7, 2011, I registered as the Plaintiff’s representative after the incorporation of the Plaintiff Company, J, the spouse of D (H, as its representative director, registered as the Plaintiff’s representative).

(2) On August 30, 207, E entered into a contract for sale in lots with Defendant Corporation and “Asan Urban Site Project, 5-1, and 23,743,000,000 won for sale in lots from September 6, 2006 to September 5, 2009, and F’s audit from July 12, 2006 to July 1, 2010.

2 I made the above sales contract to Defendant B around October 2009.

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