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(영문) 수원지방법원 2018.01.19 2017가합17774

손해배상(기)

Text

1. The plaintiff's respective claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The party status 1) Defendant B Co., Ltd. (hereinafter “B”)

(2) Defendant C is the representative of Defendant B, who owned a 1572 square meters of forest E, and Defendant C was delegated with the sale of the said site in the capacity of Defendant C’s agent. (2) The Plaintiff entered into a contract with Defendant B and C to purchase a 1572 square meters of forest E and forest E, and a 2254 square meters of forest land (hereinafter collectively referred to as “each land of this case”).

B. On December 24, 2015, the Plaintiff entered into a monetary loan agreement with Defendant C, without interest or due date, lent KRW 50,000,000,000, and KRW 10,000,000 on January 6, 2016, and KRW 100,000,000 on January 25, 2016, as well as KRW 10,00,00 on January 25, 2016.

(hereinafter referred to as “instant loan for consumption”). C.

(1) On February 29, 2016, the Plaintiff transferred KRW 40,000,00 to the account held in Defendant B’s name. Defendant B was divided from G and H into G and G for the purpose of 989 square meters of the I Forest Land in Yeongdeungpo-gu, Young-gu, G (which was divided into G and H on November 22, 2016), and “the adjoining land of this case” (hereinafter “instant adjoining land”).

(2) On January 6, 2017, Defendant B paid KRW 40,000 to G et al. as down payment. (2) On January 6, 2017, Defendant B completed the registration of ownership transfer of the adjoining land.

(1) On June 2, 2016, the Plaintiff is the agent of Defendant B and Defendant C, and the Plaintiff is the Plaintiff’s respective land and the adjoining land of this case from Defendant B and C (hereinafter “the entire land of this case”).

A) The purchase price of KRW 4,350,000,000 (contract amount of KRW 100,000,000) and the due date of November 30, 2016 are determined and purchased from Defendant C as KRW 500,000,000, and the acquisition price of Defendant B’s legal entity is determined and transferred from Defendant C. The acquisition price of the legal entity is determined as KRW 500,00,00,00, and the acquisition price of the legal entity may be extended by two months under mutual agreement with the Plaintiff, Defendant B and C (hereinafter “instant case”).