손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The defendant is an employee of the company D (hereinafter referred to as "non-party company") located in Ulsan-gu Seoul (hereinafter referred to as "non-party company"), and the plaintiff and the defendant are the motives of elementary schools and middle schools.
B. On March 22, 2016, the Plaintiff entered into a contract with the Defendant to purchase KRW 4,00,000,000,000 (hereinafter “instant real estate”) of KRW 1,890,000,000 in Nam-gu E forest and field (hereinafter “instant real estate”) at the Defendant’s recommendation, and the selling company under the instant sales contract is a company D (hereinafter “foreign company”).
C. After the conclusion of the instant sales contract, it was confirmed that a cemetery exists within the instant land, and the Plaintiff and the Defendant agreed to reduce 4 million won from the sales price, and the Plaintiff wired KRW 48 million to the Defendant’s passbook on March 23, 2016.
The Plaintiff filed a criminal complaint against the Defendant on the grounds that “the Defendant was aware that the instant real estate was owned by Nonparty Company and was paid KRW 48 million by the Plaintiff even if the Plaintiff had no intent or ability to transfer the ownership of the instant real estate even if it was paid money from the Plaintiff.” However, the prosecutor of the Ulsan District Prosecutors’ Office determined that the Defendant could not be found to have sold the instant real estate by deceiving the Plaintiff.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff’s assertion 1 by the Plaintiff was that the instant real estate was not owned by the Nonparty Company, and the Plaintiff did not have the intent or ability to transfer its ownership to the Plaintiff, and was paid the purchase price by the Plaintiff.
Therefore, the defendant is liable for damages arising from tort.
Even if not, the defendant belongs to the person who operates the non-party company jointly with F, etc. or the non-party company.