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(영문) 서울서부지방법원 2016.04.07 2015가단28831
계약금반환 및 손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

On January 21, 2013, the Plaintiff concluded a sales contract of KRW 265 million with the Defendant for the purchase price of KRW 15,460,000,000,000,000 for the land owned by the Defendant, and paid the Defendant the down payment of KRW 30,000,000,000 for the construction of multi-family housing. However, during the delay in the construction permit, the Plaintiff suffered damages equivalent to KRW 4,460,00,00,00 for the down payment and design cost, etc. on the wind selling the said land to a third party, and the Defendant is liable to pay the Plaintiff the said KRW 4,446,00 and damages for delay from the day following the delivery of the written complaint.

According to each of the statements in Gap's 1, Gap's 1, 2, 5, and Eul's 1 (including paper numbers), since the parties to a sales contract as of January 21, 2013 and the constructor of a multi-family housing construction project as of January 21, 2013 can recognize the fact that the plaintiff is a corporation, not the plaintiff, a corporation. Thus, the plaintiff's above assertion based on the premise that the plaintiff is a party to the sales contract as well as the constructor of a multi-family housing construction

The plaintiff asserts that the plaintiff actually lent the name of Dold Co., Ltd., entered into the above sales contract and carried out the construction project of multi-family housing, and that it is consistent with the above evidence No. 8-1 (written confirmation). However, in light of the above evidence, the contents of the above written confirmation cannot be easily applied, and there is no other evidence to acknowledge the above assertion.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

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