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(영문) 전주지방법원군산지원 2015.09.24 2012가합3441

손해배상(기)

Text

1. Revocation of the agreement between Defendant D and F on compensation of KRW 15,000,000, around August 2015.

2. Defendant D

Reasons

1. On December 1, 201, F entered into a sales contract of KRW 1,442,420,00 with respect to the purchase price of KRW 6,812 square meters owned by G and H on December 1, 201.

However, F did not have any particular property at the time and did not have any intention or ability to prepare the remaining price in addition to the payment of the down payment of KRW 200,000,000 from K as the down payment. Therefore, F did not have an intention or ability to purchase the said forest normally and sell it.

Nevertheless, around February 25, 2012, F: (a) purchased, divided, and developed, the forest and fields owned byG and H, and (b) divided and sold part of them (Plaintiff A, Plaintiff B, 9 and 12, and Plaintiff C, 11) to the Plaintiffs; (b) obtained KRW 77,230,000 from Plaintiff A as contract deposit; (c) KRW 44,286,00 from Plaintiff B; and (d) obtained KRW 21,00,000 from Plaintiff C as contract deposit; and (c) obtained KRW 142,516,000 from Plaintiff C as contract deposit.

F On October 30, 2013, F was sentenced to three years of imprisonment for the following crimes, etc. in this Court 2013 senior 650, 1092 (Joint).

B. On July 30, 2015, the Plaintiffs filed the instant lawsuit against F to compensate for the money acquired by deception from the Plaintiffs. On July 30, 2015, the court rendered a ruling of recommending reconciliation with the purport that “F shall pay to the Plaintiff A KRW 77,230,00, KRW 44,286,000, KRW 21,000,000 to the Plaintiff C, and delay damages therefor.”

[Reasons for Recognition] No. 1, 6, 9, and 11 are without dispute or described in Gap evidence

2. The primary claim against Defendant D and the claim against Defendant E;

A. The gist of the assertion has the same damage claim as the facts recognized against F. However, the Defendants, inasmuch as F, obtained the money acquired by F from the Plaintiffs, by fraud from F, and F, have the damage claim against the Defendants, the Plaintiffs exercise the F’s damage claim against F with the Defendant D and E with its preservation claim as the preserved claim.

B. 1) The plaintiffs' claims against Defendant D are the plaintiffs' claims against F.