beta
(영문) 대구고등법원 2015.09.02 2014나2045

손해배상 등

Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order for payment shall be revoked.

The defendant.

Reasons

1. The following facts of recognition do not conflict between the parties, or may be acknowledged by the purport of Gap evidence of Nos. 1, 2, 3, 5 to 8, and Eul evidence of Nos. 3 through 7 (including the number when it is not indicated specially; hereinafter the same shall apply) and the whole purport of oral argument, and there is no counter-proof.

Attached Form

Each land indicated in the list (hereinafter collectively referred to as the “instant land”) is the land divided into the area of 3771.1 square meter, D large 428.3 square meter, E large 1383 square meter, in which the Feminial Association (hereinafter referred to as the “Feminial Association”) made a title trust with part of its clan members.

B. On May 28, 2006, a clan-friendly association arranged a direct sales contract between the Defendant and the purchaser of the instant land, etc. to color a person who will purchase the instant land, etc. for a clan-friendly meeting and to enter into a direct sales contract with the relevant purchaser. In the course of concluding the sales contract, the amount in excess of the agreed amount between the Defendant and the clan-friendly association shall be delegated to the Defendant with the exclusive right to sell the instant land, etc. so that the Defendant can cover the transactional bonus or litigation-related expenses. As to the instant land, etc., on May 28, 2006, a written contract between the seller and the purchaser (hereinafter “the first written contract with the relatives-friendly association”).

C. On June 15, 2006, the Plaintiff: Gro, the buyer as the Plaintiff, and the sales price of KRW 2,18,200,00 for the instant land, etc.; KRW 80,000,000 for the contract deposit shall be paid on the date of the contract; and the remainder amount of KRW 2,038,200,000 for the contract deposit shall be paid on the date the documents necessary for the registration of the transfer of ownership are prepared; however, when the documents necessary for the registration of the transfer of ownership are prepared, the procedures for the transfer of ownership and the remainder payment period shall be paid on July 31, 2006 (hereinafter “second contract with the Plaintiff”); and the Defendant shall prepare a written contract with the Defendant for the procedures for the transfer of ownership and the remainder payment period from the time of the contract to February 5, 2008.