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(영문) 서울중앙지방법원 2017.04.21 2015가합581822

손해배상(기)

Text

1. Defendant D:

A. The Plaintiff A’s KRW 253,500,000 and the annual rate of KRW 5% from April 18, 2014 to April 21, 2017.

Reasons

1. Basic facts

A. From February 2014, Defendant D purchased approximately 74,600 square meters of I forest land in Gwangju-si (hereinafter “instant forest”) under the supervision of around March 2014 and created J to the Plaintiff during February 2, 2014. The author said to the effect that “I forest land in this case will be sold in lots at the prices purchased.” The author said that “I forest land in this case will be sold in lots within 2-3 months upon application of the permission for a development project.”

However, at the time, Defendant D had no intention or ability to purchase the forest of this case due to lack of his own capital as a bad credit holder. Even if Defendant D received money from Plaintiff A as a sale price for part of the forest of this case, it did not have the intent or ability to register the division of the forest of this case to Plaintiff A.

B. Accordingly, Plaintiff A remitted total of KRW 286,00,000,000 as the sale price for 2,000 square meters among the forest of this case, and KRW 50,000,000 on March 26, 2014; KRW 40,000,000 on April 10, 2014; KRW 140,000,000 on April 11, 2014; KRW 50,000,000 on April 18, 2014; and KRW 286,000,000,000 on a new bank account under the name of Defendant F’s father’s ancillary.

C. Meanwhile, on May 27, 2014, Defendant D entered into a sales contract with Defendant G to set the sales amount of KRW 5,000,000 with respect to the instant forest land owned by Defendant G, at KRW 5,000,000, and concluded the down payment of KRW 300,000 on the same day.

As described in paragraph B, Plaintiff B made payment of intermediate payment of KRW 1,700,000,000 among intermediate payment of KRW 2,700,000,000 shall be paid once again on July 25, 2014; KRW 1,000,000,000 shall be paid twice on September 26, 2014; and the remainder of KRW 2,000,000,000 shall be paid each on December 19, 2014.

(hereinafter “instant sales contract”). D.

Plaintiff

A recommended the Plaintiff B and C, who is a professor of a graduate school he attends, to make an investment in the same development plan as Defendant D, and the above A from Defendant D.

The plaintiff B agreed to sell 1,500 square meters out of the forest land of this case to 600,000 won.

2.3.