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(영문) 의정부지방법원 2019.01.23 2017나214351

손해배상(기)

Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The original Defendant, around July 2013, invested 60% of the Plaintiff’s 60% and 40% of the Defendant, to jointly manage D Co., Ltd. (hereinafter “D”), and purchased real estate listed in the separate sheet (hereinafter “instant real estate”) used as D’s land, building, etc. around October 11, 2013 from E and completed the registration of ownership transfer as to each of the instant real estate portion on November 26, 2013 by F and the Defendant, the spouse of the Plaintiff, and the Defendant.

B. On November 15, 2015, the Defendant and C drafted a sales contract that sells all of the Defendant’s 1/2 shares (hereinafter “Defendant’s shares”) to C with KRW 480 million (hereinafter “Defendant C’s 1 sales contract”). The Plaintiff attended as a broker and signed and sealed the address and telephone number in the broker column.

On November 15, 2015, the original Defendant and C also drafted a sales contract that sells all the shares of the Defendant to C with the same seal of KRW 240 million (the Plaintiff entered his/her address and telephone number as a broker in this sales contract; hereinafter “Defendant C’s secondary sales contract”) and a sales contract that sells all the shares of the Defendant to the Plaintiff at KRW 160 million (hereinafter “original Defendant 1 sales contract”).

C. On December 7, 2015, the Defendant and C drafted a sales contract that sells 5/100 of the Defendant’s share to C in KRW 220 million (hereinafter “Defendant C third-party sales contract”). On January 29, 2016, the Defendant drafted a sales contract that sells 45/100 of the Defendant’s share in KRW 180 million to the Plaintiff (hereinafter “Defendant second-party sales contract”).

On April 18, 2016, Defendant and C drafted a sales contract that sells to C part of the shares of Defendant and D to KRW 480,000,000 (the actual purchase price was agreed at KRW 440,000,000), and “Defendant C 4”.