beta
(영문) 의정부지방법원고양지원 2014.12.12 2013가합6841

손해배상(기)

Text

1. The Defendants: (a) each of the Plaintiff KRW 110,00,000; and (b) Defendant B from February 25, 2014; and (c) Defendant C from March 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff was the owner of 3,325 square meters in response to the instant land (hereinafter “the instant land”). Defendant D Corporation (hereinafter “Defendant Corporation”) implemented F projects on a lot of land in the instant case. Defendant B was the head of the management team of Defendant Corporation in charge of the purchase of land for the implementation of the said project.

B. Around July 2012, Defendant Corporation attempted to purchase the land of this case for the implementation of the foregoing project, and Defendant B, along with Defendant C (not an employee of Defendant Corporation), continued to purchase the land of this case by consultation, such as visiting the land of this case.

C. In order to determine the purchase price of the instant land by consultation, the Japanese Appraisal Corporation and Sam Chang Chang Appraisal Corporation conducted an appraisal of the instant land, and the average price was KRW 97,921,000.

However, on August 22, 2012, the Defendant Corporation sent to the Plaintiff a letter of “request for the purchase and sale of public land following the consultation on the acquisition of public land” prepared by the Defendant B, stating that “the contract amount is the average amount assessed by a separate appraisal institution: a separate, two or more appraisal and assessment institutions” and specified the said amount as “769,442,50 won.”

E. On August 25, 2012, Defendant C sought the Plaintiff and proposed that “In the event that Defendant C and Defendant B have made efforts to have an adequate price at a reasonable price, it would vary in half of the increased amount,” and the Plaintiff received the proposal.

F. Since Defendant C visited the Plaintiff and Defendant C made efforts to increase the sales price to KRW 997,921,00,000, the sales price was increased to KRW 110,000,000. The Plaintiff concluded a sales contract at the price and concluded a contract to sell the instant land in KRW 997,921,000 between Defendant C and Defendant C, and paid KRW 110,000 to Defendant C’s financial account on August 31, 2012.

G. Defendant C is KRW 50,000,000 out of the above KRW 110,000,000.