손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. In October 2016, the Plaintiff and his spouse C entered into a sales contract with the Defendant to purchase KRW 11,297 square meters, E-2,950 square meters of forest land, and KRW 19,553 square meters of forest land before F, KRW 19,553 square meters (hereinafter “each of the instant lands”) prior to Gangseo-gun, Seowon-gun (hereinafter “instant sales contract”), and paid the Defendant a down payment of KRW 200 million on October 23, 2006.
B. On December 26, 2006, the Defendant and the Defendant drafted a sales contract concerning the instant sales contract with the Defendant and the buyer as C, and the content thereof are as follows. In addition, the sales contract stating that the sales amount is increased to KRW 4 billion in a false manner (the “sales contract”).
The down payment of KRW 2,55,00,000 shall be deposited on October 23, 2006.
Any balance of KRW 2,355,00,000 shall be paid in full by the date of the remainder payment, and if the balance is insufficient, the transfer of registration shall be until December 26, 2006, and the seller shall set up a security on such real estate.
In addition, the deficient amount shall be paid up until February 26, 2007.
Where the amount of registration is more than the contract amount, the transfer tax on the larger portion shall be borne by the buyer.
C. According to the instant sales contract on December 21, 2006, C and the Plaintiff completed the registration of ownership transfer with respect to each of the shares of 1/2 of the instant land, and completed the registration of ownership transfer with respect to each of the instant land on the same day, and completed the registration of establishment of a superficies with respect to each of the instant land with respect to the maximum debt amount of KRW 11,297 square meters and 19,553 square meters for each of the instant land among the instant land, which is KRW 1.56,53 square meters for the maximum debt amount of KRW 1.56,50 million, and the registration of establishment of a superficies with respect to each of the instant land in order to secure the payment of the purchase price under the instant sales contract to the Defendant, the establishment of a mortgage over the maximum debt amount of KRW 1.2 billion for each of the instant land was completed.
Of each land of this case, 11,297 square meters and F. 11,297 square meters and 3.