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(영문) 의정부지방법원 고양지원 2018.06.20 2017가단73149

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 1, 1998, the Defendant purchased the Plaintiff, a land developer, a share of 91/203 square meters in the amount of 367 square meters and D road 203 square meters and the same month.

7. The registration of ownership transfer shall be completed in the name of the defendant's father E.

B. On August 25, 2003, the form from the Defendant had taken the means by which the Defendant represented E;

Plaintiff

In addition, three other three persons purchase 202,200,000 square meters and D road 91 square meters in Yongsan-gu, Busan Metropolitan City. The down payment amounting to KRW 15 million on September 25, 2003, the intermediate payment of KRW 117,200,000 on September 25, 2003, and the intermediate payment of KRW 117,200,00 on September 25, 2003, and the intermediate payment of KRW 20,000 on October 25, 203, the land category of the second remainder is changed from the land category to the road, and the real estate sales contract (hereinafter referred to as the “first sale contract”) and the remainder of KRW 177,00,000 on September 3, 200, the contract amount of KRW 2500,000 on September 25, 202, the intermediate payment of KRW 300,000.

C. On August 25, 2003, F deposited KRW 30 million at F’s bank account. The Defendant received KRW 30 million in total the down payment of the first and second sales contracts on the same day, and the Defendant issued each of the receipts that the other party is “the other party, other than the Plaintiff,” and “F” receipts, respectively.

On November 7, 2003, in order to divide the area of 367 square meters in Yongsan-gu, Yongsan-gu, Busan Metropolitan City, and there was one of the objects of the secondary sales contract and one of the objects of the primary sales contract of 177 square meters and 190 square meters in G, which is the object of the secondary sales contract. On December 16, 2003, the transfer registration of ownership was completed in F in the future due to the sale on November 15, 2003 with respect to the former.

E. From the F’s account, from September 23, 2003, the Plaintiff KRW 26.5 million, KRW 23.5 million on September 24, 2003, KRW 12 million on October 24, 2003, KRW 5 million on December 29, 2003, KRW 3.5 million on September 24, 2003, KRW 40 million on September 24, 2003, KRW 5.2 million on October 28, 2003, and KRW 3.5 million on October 28, 2003.