손해배상(기)
1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.
2. Of the costs of lawsuit.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Defendant is the owner of the real estate indicated in the attached list (hereinafter in this case’s real estate), and C is the person who actually runs the “E Licensed Real Estate Agent Office” located in Seocheon-gu, Seocheon-gu.
B. On October 28, 2015, the Plaintiff purchased the instant real estate from the Defendant through C in order to purchase the purchase price of KRW 165,00,000,000, and the down payment of KRW 90,000,000,000 in lieu of payment to the Plaintiff’s claim against C, the remainder of KRW 65,000,000 shall be paid on the date of the contract, and the remainder of KRW 65,00,000,000,000 shall be succeeded to by the Plaintiff (hereinafter “instant sales
C. According to the instant sales contract, the Plaintiff paid KRW 65 million to C on the day of the contract, and completed the registration procedure for transfer of ownership in the name of the Plaintiff (hereinafter “instant registration for transfer of ownership”) under the name of Busan District Court No. 147587, Oct. 28, 2015, which was received on October 28, 2015.
On the other hand, although C entered into a lease contract with a deposit of KRW 140 million for the instant real estate, C was indicted for committing a crime that deceiving the Plaintiff by presenting a lease contract with a deposit of KRW 10 million and acquired KRW 130 million which is the difference by deceiving the Plaintiff, and it was finally determined as guilty (the Incheon District Court Branch Decision 2016Ma1, 461 (combined), 462 (Consolidated), Incheon District Court Decision 2016No1839, 2285 (Consolidated), and Supreme Court Decision 2016Do15766).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, and purport of the whole pleadings
2. The parties' assertion on the principal lawsuit and counterclaim
A. The plaintiff's primary assertion on the principal lawsuit is that the defendant conspireds with C to obtain the difference of deposit by deceiving the plaintiff as 10 million won even though the deposit for lease of the real estate of this case was 140 million won, and thus, the defendant is liable as joint tortfeasor.
Preliminary defendant shall be C.