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(영문) 서울중앙지방법원 2016.04.21 2015가합22132

손해배상(기)

Text

1. Defendant C shall pay the Plaintiff KRW 500,000,000 and the interest rate of KRW 15% per annum from October 29, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On October 2006, the Plaintiff entered into a sales contract with Defendant B and Defendant B to purchase the purchase price of KRW 2,55,000 for each of the instant lands in KRW 11,297 square meters, E forest and field 2,950 square meters, and KRW 19,553 square meters prior to F, each of the instant lands owned by Defendant B and Defendant B (hereinafter “instant sales contract”). On October 23, 2006, the Plaintiff paid the Defendant B the down payment amount of KRW 200 million.

B. On December 26, 2006, the Plaintiff and Defendant B drafted a sales contract concerning the instant sales contract, and the content thereof are as follows. In addition, the Plaintiff and Defendant B drafted a sales contract stating that the sales amount shall be increased to KRW 4,080,000,000 in a false manner (the “the contract”).

The down payment of KRW 2,55,00,000 shall be deposited on October 23, 2006.

Any balance of KRW 2,355,00,000 shall be paid in full by the date of the remainder payment, and if the balance is insufficient, the transfer of registration shall be until December 26, 2006, and the seller shall set up a security on such real estate.

In addition, the deficient amount shall be paid up until February 26, 2007.

Where the amount of registration is more than the contract amount, the transfer tax on the larger portion shall be borne by the buyer.

C. According to the instant sales contract, the Plaintiff and the Plaintiff’s wife G completed the registration of ownership transfer with respect to one-half portion of each of the instant lands on December 21, 2006, and completed the registration of ownership transfer with respect to one-half share of each of the instant lands, and completed the registration of establishment of a superficies with respect to each of the instant lands on the same day, and completed the registration of ownership transfer with respect to each of the instant lands with respect to the registration of ownership transfer with respect to one-half share of KRW 11,297 square meters and 19,553 square meters of each of the instant lands to secure the obligation for the said loans. In order to secure the obligation for the said loans, the registration of establishment of a mortgage creation with respect to each of the instant lands with respect to the maximum debt amount of KRW 1,560,000 and the 30-year superficies with respect to the maximum debt amount of KRW 1,20,000 among the instant lands.

Among each land of this case, 11,297 square meters and 19,553 square meters prior to the Gangseo-gun, Seowon-gun.