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(영문) 제주지방법원 2016.02.18 2015가합10505

손해배상(기)

Text

1. Defendant B and C jointly share KRW 179,139,800 with respect to the Plaintiff, and the period from February 9, 2015 to February 18, 2016.

Reasons

1. Basic facts

A. On January 13, 2015, the land in Suwon-gu, Busan Metropolitan City was combined with Flux 76 square meters on the land in question, and the Elux 132 square meters, which was combined, constitute the land among the instant real estate. The surrounding areas of the land in Busan Metropolitan City G, H land, I land, I land, and J land (hereinafter “instant G, H, I, and J land”) adjoining each other.

B. Defendant B purchased the instant land, which is a state-owned land, on November 7, 2014, and acquired its ownership on December 3, 2014. Defendant C was actually involved in the instant real estate sales contract as Defendant B’s son, and Defendant D owned the instant G and J land.

C. On October 10, 2014, on condition that Defendant B purchased and transferred the instant land to the Plaintiff, the Plaintiff concluded a sales contract with Defendant B to purchase the instant real estate at KRW 600,000,000 (=the remainder of KRW 240,000 intermediate payment of KRW 240,000 and KRW 300,000,000) on the condition that Defendant B purchased and transferred the instant land (hereinafter “instant sales contract”) and subsequently concluded a sales contract again on November 9, 2014 with the content that the Plaintiff would pay the remainder of KRW 540,00,000 to the Plaintiff by January 15, 2015 (hereinafter “instant sales contract”).

On February 9, 2015, Defendant B sold the instant real estate to Defendant D in KRW 590,000,000, and completed the registration of ownership transfer to Defendant D on the same day.

E. Meanwhile, the Plaintiff paid the following money to Defendant B for the payment of the instant purchase price and the purchase cost of the instant I land.

Details of the date amount, KRW 10,00,000, the instant sales contract amount of KRW 50,000 on October 10, 2014, KRW 7,511,000 on November 7, 2014, the instant real estate contract deposit of KRW 7,51,000 on the instant I land purchase and sale deposit of KRW 67,59,000 on November 27, 2014, the remainder of the purchase and sale of the instant I land of KRW 4,029,80 on November 28, 2014, KRW 179,139,80 on the aggregate of the purchase and sale costs of KRW 40,00,00 on the instant I land registration cost of KRW 179,130,00 on November 19, 205, where no dispute over the instant real estate dispute exists, No. 179,7,000 on the evidence No. 31,4,700