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(영문) 서울중앙지방법원 2017.06.30 2016가단5122556

손해배상(기)

Text

1. The Defendants amounting to KRW 50,000,000 for each Plaintiff and KRW 15% per annum from February 24, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On February 25, 2010, the Korea Housing Site Construction Co., Ltd. (hereinafter “Korea Housing Site Construction”) entered into a sales contract with Defendant B, who represented the D clan (hereinafter “Nonindicted clan”) to purchase the land of 14,876 square meters of land E with the wife population E (hereinafter “instant real estate”) at the time Nonparty B owned by the Nonparty clan, and completed the registration of ownership transfer on the instant real estate on May 12, 2010.

B. On May 20, 2010, the Plaintiff entered into a sales contract to purchase the instant real estate at the price of KRW 150 million between the construction of the housing site for Korea and the construction of the housing site for Korea.

C. The above sales contract between the Plaintiff and the construction of the housing site for Korea was made as a brokerage by Defendant C, a certified judicial scrivener, and the Plaintiff paid the total purchase price to the construction of the housing site for Korea through Defendant C by June 16, 2010.

However, even when Defendant C received the purchase price and registration cost of the instant real estate from the Plaintiff, it did not conduct any investigation on the ownership of the instant real estate, and did not give any advice to the Plaintiff.

On July 16, 2010, the construction of the Yongsan Housing Site paid KRW 150 million to Defendant B with the purchase price.

E. Next, the non-party clan filed a lawsuit against the construction of the housing site on the instant real estate by seeking the cancellation of the ownership transfer registration on the construction of the housing site on the instant real estate, and the lawsuit became final and conclusive on the ground that Defendant B’s disposal of the instant real estate without going through a resolution of the legitimate clan general meeting becomes null and void, and the registration of ownership transfer of the instant real estate construction was cancelled on March 26, 2014.

F. Meanwhile, the construction of the Housing Site was closed on November 15, 2012, and the construction of the Housing Site was in the absence of any other financial capacity.

[Reasons for Recognition] Defendant B: Evidence Nos. 1 through 14, response to each of the financial transaction information and the submission order of taxation information by this court, and Defendant C: the purport of the whole pleadings.