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(영문) 수원지방법원 2014.07.03 2013가합12405
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B’s KRW 180,000,000 as well as 5% per annum from June 12, 2012 to June 25, 2013;

Reasons

1. Under the trade name of the Defendant C from December 27, 201 to December 26, 2012, 201, Defendant C registered the establishment of the licensed real estate agent’s office in the Ministry of Population and Population Office (E), and Defendant C was the brokerage assistant of the said licensed real estate agent’s office.

Defendant B, on May 14, 201, promoted the resale of 3081m2 (hereinafter referred to as “F land”) with a population F. F., Defendant B, at the real estate agent office of Defendant B, purchased the part of 496m2 (hereinafter referred to as “instant land”) out of the said land at a price lower than 180 million won, to the Plaintiff who became aware of while running the real estate brokerage business at the real estate agent office of Defendant B around May 14, 2012, Defendant B entered into a sales contract with the Plaintiff on the land of this case by providing that Defendant B is responsible for the public works for which the Plaintiff may move to a house on the instant land with the permission of the competent administrative agency for development activities, and, on June 12, 2012, Plaintiff B would pay the Plaintiff a balance of 150 million won in advance at the office of the said licensed real estate agent, set up a collateral security right to the Plaintiff at the latest on June 12, 2012.

However, Defendant B was aware of the fact that, even if the purchase price was paid from the Plaintiff, the plan was planned to use the purchase price to repay the individual debt of Defendant B, and there was no intent or ability to perform the civil engineering works on the instant land, and Defendant B was notified by the competent authority, the competent authority, after the purchase of the instant land from G, that the development activities on the said land was not possible, and that there was no way to legally perform the civil engineering works agreed upon by the Plaintiff. On June 15, 201, the F land was set by each senior collateral security right of KRW 59,00,000,000 for the maximum debt amount, and KRW 80,000,000,000,000,0000 for other creditors of Defendant B, who are other creditors of Defendant B on May 16, 2012.

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