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(영문) 서울중앙지방법원 2020.09.23 2018가단5263604

손해배상(기)

Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. Defendant B Co., Ltd. (hereinafter “Defendant B”), Defendant D Co., Ltd. (hereinafter “Defendant D”) is a company aimed at real estate sales business, etc., and Defendant E is the representative director, Defendant G, and F’s employees, and Defendant H’s employees.

B. The Plaintiff entered into a sales contract with the following terms:

1) On April 14, 2016, the Plaintiff and Defendant B share 400/4655 square meters in Pyeongtaek-si I 4,655 square meters (hereinafter “ Pyeongtaek-si land”) between Defendant B and Defendant B.

(2) On May 26, 2016, the Plaintiff entered into a sales contract with Defendant D with respect to the purchase price of KRW 65,219,00, and completed the registration of ownership transfer on May 4, 2016. (2) On May 26, 2016, the Plaintiff entered into a sales contract with Defendant D with respect to the purchase price of KRW 47,50,000 for KRW 165/36 (hereinafter “the subject matter of the sale was changed to 3,636 square meters in Siri-si,” due to the division on July 18, 2016) out of 18,476 square meters in Siri-si, Jin-si, Jin-si, and the subject matter of the sale was changed to 3,636 square meters in Siri-si, and completed the registration of ownership transfer on July 20, 2016.

3) On October 31, 2016, the Plaintiff shares 360183275/5275/5238642186175 (hereinafter “NE”) among the 25,305 square meters of Singuan forest in Singu, M. 25,305 square meters between Defendant D and Defendant D (hereinafter “NE”)

(4) On November 15, 2016, the Plaintiff entered into a sales contract with Defendant D with respect to the purchase price of KRW 6,364 square meters for KRW 660/612 (hereinafter “the subject matter of the sale was changed to KRW 6,612 square meters due to the division of January 4, 2017), with respect to the purchase price of KRW 49,00,000,000, and entered into a sales contract with the Plaintiff on January 20, 2017, the Plaintiff completed the registration of ownership transfer on March 24, 2017.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 11, 31, 37, 45, and the purport of the whole pleadings

2. Defendant B and D’s assertion as to the Plaintiff’s selective claim.