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(영문) 수원지방법원 2015.02.10 2013가합6899

손해배상

Text

1. Defendant G and K jointly and severally KRW 84,913,512 for Plaintiff A, and KRW 79,918,998 for Plaintiff B, and KRW 74,783,733 for Plaintiff E;

Reasons

1. Facts of recognition;

A. Defendant G and K purchased the business plan and site of the M business entity, and the M business entity, under its name, purchased the land of the viable management area in the said area, and developed the project to promote the project by re-sale to the buyers who intend to make profits from market prices or build electric power houses, etc. (hereinafter “instant project”).

In order to carry out the instant project, Defendant G and K entered into a contract with N on October 16, 2006 by designating the purchase price of KRW 900,00,00 as the buyer and 18, and entering into a contract with N on October 16, 2006 on the purchase price of KRW 26,776 square meters of forest land in the Gyeonggi-do, P, R, S, T, U, V, W, X, Y, Y, Z, AAB, AB, and AC due to the change of the name of the P forests and fields, P, 497 square meters, registration conversion, and administrative district (hereinafter referred to as “each of the instant real estate” in common, and each of the above real property is specified only on the basis of the parcel number).

On the other hand, on the other hand, on December 13, 2005, prior to the above sales contract, the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) was completed with the maximum debt amount of 325 million won, the mortgagee’s ability to collateral security, the agricultural cooperative, and the debtor N-mortgage (hereinafter “instant right to collateral security”), but at the time of the above sales contract, the said right to collateral security was accepted by the buyer.

B. On November 1, 2006, Plaintiff A entered into each contract of Plaintiff A, B, and E, Plaintiff B entered into each of the following contracts (hereinafter “instant one contract”) on October 28, 2007, and Plaintiff E on November 1, 2006, and participated as the buyer of the instant project.

The balance of KRW 10,00,000 as the down payment of KRW 10,000,000 for the remainder of KRW 10,000,000,000 for the contract amount of Plaintiff A E contract amount of KRW 71,280,000,000 for the purchase of the remaining land in Gyeonggi-do, and KRW 48,320,000 for the items of the contract for the Tju project site, and the authorization and permission cost of KRW 48,320,00 for the remainder of KRW 46,70,000 for the costs of civil works construction of KRW 46,70,000 for KRW 12,960,000 for the costs of KRW 12,60,60,000 for the purchase of the remaining land.