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(영문) 의정부지방법원 2016.11.29 2016가단108984
손해배상(기)
Text

1. The Defendant: (a) KRW 100 million to the Plaintiff; (b) KRW 5% per annum from January 31, 201 to June 1, 2016; and (c) from the following day.

Reasons

1. Basic facts

A. Defendant B (G) who was the president of the Defendant at the time of the instant sales contract, as the representative of the Plaintiff, was the same name with H (Is), a representative of the Defendant, at the time of the instant sales contract. At the time of December 20, 2010, B (Gs) purchased at KRW 250 million,00,000,000,000,000,0000,000,000,000 won for down payment and the intermediate payment, which are KRW 50,000,000,000,000 won.

As stated in Paragraph C, the obligation and obligation between the Plaintiff and E were adjusted and paid, and the balance of KRW 100 million was concluded on January 31, 201 (hereinafter “instant sales contract”).

B. E had a loan claim amounting to KRW 50 million against the Plaintiff. However, in the event that the Plaintiff pays KRW 42 million to the former purchaser of the instant real estate to E instead of F, the Plaintiff agreed to sell the instant real estate to E with the sales price of KRW 100 million by setting the amount of each of the above credit amount as the total of KRW 100 million, if the Plaintiff pays to E instead of F.

After that, the Plaintiff demanded that E sell the instant real estate to C as the purchase price.

On the other hand, C had a claim of KRW 170 million against E, and the Plaintiff, C, and E agreed to set off part of the claim of KRW 100 million against the Plaintiff by transferring the above claim of KRW 100 million against the Plaintiff to E.

However, even though the purchase price agreed between C and the Plaintiff was KRW 250 million, the lawsuit on the instant real estate was pending, taking into account the interest amount, and thus, the contract was entered in the sales contract as KRW 250,000,000,000 and the intermediate payment was paid accordingly, and the balance was determined as KRW 100,000,000.

C. On April 15, 201, C filed a lawsuit against the Plaintiff for the registration of ownership transfer based on the instant sales contract with respect to the instant real estate.

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