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(영문) 서울중앙지방법원 2018.01.12 2017가합5285

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant’s sale of the instant land’s share to E (1) G, the wife population D 3,478 square meters (hereinafter “instant land”).

The land in which the defendant and F were co-owned by the defendant and the defendant are 1237.5/386 shares of the land in this case (hereinafter referred to as the "share in this case").

(2) On May 10, 2010, the Defendant and F sold to Company E (hereinafter “E”) and Company G (hereinafter “H”) the shares, including the instant shares, F, etc. in the total purchase price of KRW 4,200,000,000, including the instant shares, on the following grounds: (a) the trade name was changed to “H” on March 9, 201; and (b) the instant land and G (hereinafter “H”).

E and H paid the above purchase price to Defendant, F, etc. divided into KRW 1 and secondary sites, but the contract deposit of KRW 400,000,000 for the first site was agreed to pay the remainder of KRW 2,00,000,000 for the first site until August 31, 2010. The Defendant and F, etc. agreed to cancel all collateral security rights established on real estate subject to sale if the remainder of the first site is deposited in KRW 2,00,000,000.

3) On November 29, 2010, the Defendant completed the registration of ownership transfer for shares 675762/2934 of the instant shares among the instant shares in E, and for shares 28068/294 of the instant shares in H. From July 29, 201, E and H paid 1,200,000,000 won to the Defendant as the purchase price for the instant shares in real estate to be sold until July 201, E and H paid 740,000,000 won in total to the Defendant. (b) The Plaintiff’s purchase of the instant land, etc. to be divided into a parcel connected to the road, and sold part of the instant shares to many people on the instant land from November 29, 2010 to KRW 25,60,000 among the instant shares purchased from the Plaintiff on April 4, 207, 209.