beta
(영문) 서울중앙지방법원 2010.02.04 2009가합91496

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. 【Ground of Fact-finding】 The fact-finding without any dispute, Gap 1, 5, Eul 2, the purport of the whole pleadings;

A. The Plaintiffs are co-inheritors of the network D (name E, May 1, 2006, death, and the following “D”).

B. On April 29, 2005, the Defendant arranged for a transaction to purchase G 2,100 square meters (hereinafter the forest of this case) from D in Young-si, the ownership of five persons, including F, etc., and D purchased the forest of this case from F, etc. through the Defendant (hereinafter referred to as the “instant sales contract”), and on December 22, 2005, the forest of this case was registered the ownership transfer registration under the Plaintiff’s name on December 22, 2005.

(D) Since the part purchased by D was not the whole G real estate of the said G, which is part of the said G real estate, and the real estate, the ownership transfer registration of which was completed under the Plaintiff’s name, was divided into the said G real estate. 2. However, even though the Defendant agreed to purchase the said land at KRW 700 million, the Plaintiff decided to purchase the said land at KRW 1 billion to D. Since it acquired KRW 300 million from D as the purchase price of the said forest, the Defendant is obligated to pay KRW 150,000 and damages for delay thereof to the Plaintiffs, who are co-inheritors, for each of the above land. Accordingly, according to the reasoning of the judgment below, the Defendant, as alleged by the Plaintiff, was convicted of imprisonment with prison labor for two years for the facts charged, as alleged by the Plaintiff (the judgment of the court of final appeal of 209 to 300,000,000 won, and the purport of the lower court’s final appeal of 29,000,000 won,00 won.