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(영문) 제주지방법원 2018.08.08 2017나11308

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On August 11, 2015, the Plaintiff, the Defendant, and C jointly purchased six parcels of land (a total of 250,165 square meters, hereinafter “the entire land of this case”) as indicated below in the following: (a) KRW 3.86 billion from the total purchase price; (b) the Plaintiff bears KRW 750 million from the purchase price; and (c) the Defendant and C bears KRW 3.56 million from the remainder of the purchase price; and (d) concluded three sales contracts with the seller on August 11, 2015, respectively.

F Forest land 6,023 square meters in E-source 1,574 square meters in Jeju, Jeju-si, Jeju-si, 1 M, N, P, P, P, the Plaintiff, the Defendant, and Jeju-si, in order to purchase a parcel of land subject to the buyer, KRW 2,777 square meters in KRW 3,360,50,000 in KRW 2 M, N,O, the Plaintiff, the Defendant, and Jeju-si, Jeju-si, 2,777 square meters in KRW 436,00,000 in KRW 3 N, Q, the Plaintiff, the Defendant, and Jeju-si, the Plaintiff, and Jeju-si I cemetery cemetery 63 square meters in size 9,50,000 in KRW 10,00 in KRW 2,777 in size.

B. On December 8, 2015, the land located in Jeju-si (hereinafter in the same Dong, the same shall be omitted, and the same shall be indicated only once) was divided into D orchard 14,622 square meters into D orchard 6,461 square meters and J orchard 8,161 square meters, and on December 31, 2015, the registration of ownership transfer was completed on December 29, 2015 with respect to the said J orchard 8,161 square meters. < Amended by Act No. 13588, Dec. 31, 2015; Act No. 13582, Dec. 29, 2015>

C. Meanwhile, on the other hand, on December 29, 2015, the Defendant paid a balance to the seller on the part of the seller, and received the documents for ownership transfer registration of the entire land of this case, upon the Plaintiff’s request, prepared and sent to the Plaintiff a letter of commitment with the following contents (hereinafter “instant letter of commitment”).

1. The purchaser of D, E, F, G, H, and I shall transfer the ownership in the name of the defendant and the Bank of Commerce, Industry and Energy case.

2. The investor in the above paragraph (1) shall pay KRW 750 million to the investor.

3. After Jeju-si, JJ’s transfer of ownership to the Defendant on February 29, 2016, the zone C in the attached Form J shall be divided and transferred to the Plaintiff in the name of the Plaintiff.

4. The public charges for ownership transfer (acquisition tax, etc.) on the above three paragraphs shall be borne by the plaintiff.

After that, the defendant shall not exceed the purchase and division plan of the attached drawing in accordance with the above letter of commitment.