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(영문) 서울중앙지방법원 2017.05.19 2015가합561392

손해배상(기)

Text

1. The Defendants jointly set forth the Plaintiff KRW 473,00,000 and KRW 15,000,00 among them, from December 11, 2008 to 50.

Reasons

1. Facts of recognition;

A. Defendant B, while operating an auction consulting office at “E”, was in charge of inducing customers to purchase real estate called “government restructuring goods” through a small amount of loans, and the F was in charge of lending the down payment to purchase the said goods. Defendant C was in charge of the F’s sewage, and Defendant D was in charge of the sales of the said goods and acquired money by taking charge of the government secret personnel who are in charge of the sales of the said goods.

B. On December 6, 2008, Defendant B concluded that Defendant B would allow the Plaintiff to purchase the Seoul Gangnam-gu Seoul Building (hereinafter “G Building”) which is a government restructuring object (hereinafter “G Building”) by means of loan on an advance payment of KRW 350 million.

C. Around December 15, 2008, Defendant C, along with Nonparty F, introduced the Plaintiff as the former owner, and concluded a financial investment agreement with the Plaintiff by making a false statement to the effect that “The Plaintiff would lend the advance payment KRW 35 billion to purchase G building at the face of the main owner.”

Around December 23, 2008, Defendant D was able to sell G building as if the Plaintiff, Defendant B, and F were in charge of government restructuring, and around December 23, 2008, Defendant D prepared a written acceptance to the Plaintiff through Defendant B, as if the Plaintiff had delivered the purchase-related documents prepared by the Plaintiff to the government manager on the 26th of the same month.

In addition, around January 8, 2009, the Plaintiff had the Plaintiff sign and seal on the service contract amounting to KRW 20 billion, stating that “The Government personnel have to confirm the re-purchase of a person who intends to purchase, I need to prepare and deliver the service contract amounting to KRW 20 billion. In the absence of this, I will not establish a sales contract for building.”

(e)However, the G Building is not a government restructuring object.