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(영문) 광주지방법원 2018.10.04 2018나50993

손해배상(기)

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. With respect to each of the lands listed in the separate sheet (hereinafter “each of the instant lands”) owned by C, the registration of ownership transfer was completed on the ground of “trade on December 7, 2012,” and on November 7, 2012, 3/4 shares in the Plaintiff’s future and 1/4 shares in the Defendant’s future.

B. On April 30, 2013, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 83,00,000 of the purchase price for each of the instant land, and received the registration of ownership transfer from the Defendant on May 8, 2013 after paying the purchase price.

[Ground of recognition] Unsatisfy, Gap evidence No. 2 (including branch numbers, hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff (1) decided to jointly purchase each of the instant lands with the Defendant, and the sales amount of KRW 300,000,000 (i.e., KRW 1,500 x KRW 200,000 per square year) is 225,00,000 (i.e., KRW 300,000 x 3/4) with the Defendant’s words, and the remainder of KRW 75,000,000 (=300,000 x 1/4) was borne by the Defendant respectively.

Accordingly, the Plaintiff paid to the Defendant the purchase price of KRW 225,00,000 for the share of KRW 3/4 of each land of this case.

However, the average price of each of the lands of this case was 150,000 won.

Nevertheless, the Defendant made a false statement to the Plaintiff regarding the price of each of the instant lands at KRW 200,00,000. Of which, the 1/4 share belongs to the Plaintiff that he/she would make a joint purchase by making a direct investment. However, the fact was that the Plaintiff received from the Plaintiff the payment of KRW 225,00,000 for the total amount of each of the instant lands, and paid the payment as the purchase price for the entire lands, and then acquired shares in its own name without making any investment

In addition, the Defendant sold 1/4 of the instant land acquired as above to the Plaintiff on April 30, 2013, and determined the land price of KRW 75,000,000 per square day based on KRW 20,000 per square day, and the Defendant made a lot of number in the process of purchasing each of the instant land.