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(영문) 의정부지방법원 2014.01.10 2012가합2955

손해배상

Text

1. The Defendant (Counterclaim Plaintiff) was from May 9, 2003 to Plaintiff (Counterclaim Defendant) and Plaintiff A, respectively, and from May 9, 2003.

Reasons

1. Basic facts

A. In early 2003, the Plaintiff and the Defendant decided to jointly purchase the real estate listed in the attached list Nos. 1 and 2 and the real estate listed in the attached list Nos. 3 (hereinafter collectively referred to as “each of the above real estate”) of 13,974 square meters (which was divided into each of the real estate listed in the attached list Nos. 1 and 2 on March 15, 2006) for each share, and thereafter, the Defendant began negotiations with E, the owner of each of the instant real estate.

B. After consultation with the Defendant to sell each of the instant real estate in KRW 500,000,000, the Defendant requested the Plaintiff A to bear the said purchase price as the Plaintiff lacks money.

C. After consultation with the Plaintiff B, the wife, and the Defendant jointly paid KRW 480,000,000 in total to the Defendant. The Defendant concluded a sales contract with the Plaintiff, the buyer himself and the other buyer, and the F’s agent, with KRW 500,000,000 on April 29, 2003, with the purchase price of KRW 480,000 on each of the instant real estate, and paid KRW 20,000,000 on a total of KRW 50,000 to E.

The Plaintiffs, Defendant, and F decided to complete the registration of ownership transfer based on 14,301 square meters in total area of each of the instant real estate (i.e., 13,974 square meters) (i., 327 square meters in size). Specifically, on May 9, 2003, the Plaintiffs and the Defendant did not clearly state that the Plaintiffs and the Defendant, including F shares with respect to the real estate listed in paragraph (3) of the attached Table, should not be clearly state. However, there is no dispute as to the fact that the Plaintiffs, Defendant, and F decided to complete the registration of ownership transfer based on the total area of each of the instant real estate. Therefore, it is reasonable to deem that the share of 1/2 of the real estate listed in paragraph (3) of the attached Table, for which the registration of ownership transfer was completed under the Plaintiff

Plaintiff

A Registration of ownership transfer shall be made in the name of A, and it shall be Gangwon on the same day.