손해배상(기)
1. The Defendant’s KRW 56,250,00 for the Plaintiff and the following day shall be 5% per annum from May 3, 2013 to January 9, 2018.
1. Basic facts
A. As to each of the lands listed in the separate sheet (hereinafter “each of the instant lands”) owned by C, on December 7, 2012, the ownership transfer registration of 3/4 shares and 1/4 shares in the future of the Plaintiff was completed on the grounds of sale on November 7, 2012.
B. On April 30, 2013, the Plaintiff entered into a sales contract with the Defendant to purchase 1/4 shares of the instant land in KRW 83,00,000, and paid the said purchase price.
5.8. The defendant received the registration of ownership transfer from the defendant.
[Grounds for recognition] Gap evidence Nos. 2-1 to 3 and the purport of the whole pleadings
2. The assertion and judgment
A. Plaintiff’s assertion 1) The Plaintiff decided to jointly purchase each of the instant lands with the Defendant, and the sales amount of KRW 300,000,000 (i.e., KRW 1500 x KRW 200,000 per square year x KRW 200,000 (i.e., KRW 300,000 x 3/4) on the Defendant’s horse, and the remainder of KRW 75,000,000 (=300,000 x 1/4) was to be borne by the Defendant respectively. (ii) The Plaintiff paid the Defendant a total of KRW 225,00,000 on the sales amount of KRW 3/4 of each of the instant lands to the Defendant.
3) However, the fact that the Defendant was aware later was less than KRW 150,000 for the usual price of each land of this case. (4) The Defendant falsely stated to the Plaintiff that the usual price of each land of this case is KRW 200,000, and the 1/4 shares of which belongs to both the Plaintiff that they would make a joint purchase by making a direct investment. However, the Plaintiff was paid KRW 225,00,000 for the entire land of this case and paid KRW 1/4 shares in its own name without making any investment. However, the Defendant additionally acquired KRW 83,00,000 by means of acquiring 1/4 shares in its own name without making any investment by the Plaintiff and selling them again to the Plaintiff.
5. On April 30, 2013, the Defendant sold 1/4 of the instant land to the Plaintiff on April 30, 2013, and determined the land price of KRW 75,000,000 per square day, based on KRW 20,000 per square day, and the Defendant purchases each of the instant land.