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(영문) 서울고등법원 2018.10.18 2018나2024743

손해배상 등

Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following amount ordering payment against the defendant.

Reasons

1. The Plaintiff and the co-defendant C (hereinafter referred to as “C”) of the first instance trial filed a claim for the revocation of the fraudulent act and restitution of unjust enrichment from the cancellation of the contract with the Defendant and the co-defendant C (hereinafter referred to as “C”), which are 255,00,000 won and damages for delay. The Plaintiff claimed for revocation of the fraudulent act and restitution against the co-defendant D (hereinafter referred to as “D”) of the first instance trial.

The court of first instance accepted the plaintiff's claim for damages against C and D against the plaintiff's illegal act, and C and D did not appeal.

Therefore, the part of the plaintiff's claim against C and D is already determined and excluded from the scope of the party deliberation.

2. Facts of recognition;

A. 1) C is the husband of the Plaintiff, at the F Real Estate Office located in Bupyeong-gu Incheon Metropolitan Government on April 6, 2016, in the F Real Estate Office located in Bupyeong-gu, Incheon, Bupyeong-gu. 2016

(2) On June 21, 2016, the Plaintiff transferred KRW 100,000,000 to the deposit account in the name of C, respectively, for the purpose of purchasing apartment units as recommended by C, in a large number of apartment units, which are unsold in lots, to the end-user, and then resells them to the end-user.

3) On July 20, 2016, the Plaintiff and C are Seocho-gu Seoul Seocho-gu J apartment, 103 Dong 2004 (hereinafter “instant apartment”).

) As to the sales contract as shown in the attached Form, the sales contract (the “instant sales contract” from the following to the “instant sales contract”), and the pertinent contract is “the instant sales contract.”

4) The Plaintiff, on July 25, 2016, remitted to C the intermediate payment of KRW 100,000,000 to C as an intermediate payment.

B. H such as the progress of related criminal cases is a stock company established for the purpose of real estate investment consulting business.