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(영문) 광주지방법원 2014.08.28 2013가합55074

손해배상(기)

Text

1. As to Defendant C and D, each Plaintiff A, KRW 99,00,00,00, and as to Defendant C from February 15, 2008, Defendant C and D, respectively. < Amended by Act No. 11604, Oct. 10, 2013>

Reasons

1. Basic facts

A. Defendant C is a person who served as the representative director of G Co., Ltd. (hereinafter “G”), a planning real estate company, the purpose of which is to resell real estate from August 27, 2007 to April 14, 2008, and the remaining Defendants are those who work for Defendant C’s members, Defendant D’s director, and Defendant C’s director, and Defendant F are those who worked for Defendant C’s members and were in charge of duties such as attracting of real estate investment, purchase of land, etc. under the direction of Defendant C.

B. From December 2, 2007 to February 2, 2008, Defendant C and D proposed the purchase of H forest land to the effect that, among H forest land 45,719 square meters, a 331 square meters (hereinafter “H forest”) will be transferred to the Plaintiff during the period of the reserve forces training site located in H forest from December 2, 2007 to February 2, 2008, apartment buildings with 1,200 households will be constructed thereafter, and a route extension of subway line 7 will be opened near the subway line. As such, the purchase of H forest land refers to the purport that at least 3 times or 10 times or more of the maximum amount of 10 times or more after a few months can be obtained.

(2) On February 15, 2008, Plaintiff A entered into a real estate sales contract with G for H forest land amounting to KRW 99 million, and around that time, Plaintiff A paid the full amount of the purchase price ( KRW 10 million on February 14, 2008, KRW 89 million on February 15, 2008, and KRW 89 million on February 15, 2008). Defendant C affixed a seal on the real estate sales contract (Evidence 4) as the representative director of the seller G at the time of the said real estate sales contract.

(3) However, in fact, H forest land was not accessible to a vehicle, and its appraised value is limited to 11,585,000 won (i.e., 331 square meters x 35,000 won). Moreover, it was located within a natural green area under the National Land Planning and Utilization Act and was located within a land transaction permission zone, and as G was located within a land transaction permission zone, the Plaintiff could not complete the registration of ownership transfer to H forest land within a short period. Since more than six years have passed since the conclusion of the above contract, it is located on H forest land as recommended by the said Defendants.