손해배상(기)
1. Of the judgment of the court of first instance, the plaintiff as to the defendant C with an amount equivalent to the following additional payments:
1. Facts of recognition;
A. E requested Defendant C, who had arranged the sale and purchase of real estate in the Jeonnam-do, to sell the instant land at KRW 50 million at KRW 3304.6m2 (hereinafter “instant real estate”). At the time, the officially assessed individual land price was calculated based on the officially assessed land price of KRW 6,900 per square meter (the value of the instant land is KRW 22,801,740).
B. Defendant C asked Defendant B, a licensed real estate agent, to whether there was a person eligible to purchase the instant real estate, and the Plaintiff expressed his intent to purchase the instant real estate through Defendant B. At the time, Defendant B introduced that the sale price of the instant real estate was KRW 130 million to the Plaintiff.
C. Meanwhile, Defendant C, while hiding the fact that he intended to sell the instant real estate in KRW 130 million, was allowed only to sell the instant real estate in KRW 47 million from E, paid the balance, excluding expenses for repayment of debts to the Korea Agricultural and Rural Infrastructure Corporation, which is a creditor of the right to collateral security of the instant real estate, to E, from the total purchase price of KRW 47 million, and received documents necessary for transfer of ownership of the instant real estate from E, such as obtaining seals from E, from a sales contract where the purchase price is not written.
The Plaintiff agreed to purchase the instant real estate in KRW 130 million with Defendant C, who was delegated by Defendant B through the Defendant B, and the seller of the instant real estate on September 6, 2006, prepared a so-called “business contract” with the sales price of KRW 130 million, taking into account the tax issues at the time of resale of the instant real estate, in which the actual agreed sales price was KRW 180 million with the Plaintiff, the buyer, and the actual sales price of KRW 180,000,000,000,000,000,000 won.
The sales contract was prepared as a sales contract (hereinafter “instant sales contract”), and on the same day, from the account under the name of the principal and the husband to the account under the name of Defendant B, KRW 10 million.