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(영문) 인천지방법원 2017.06.02 2016가합53523

손해배상(기)

Text

1. The plaintiffs' claim against the primary defendant D is dismissed.

2. Preliminary Defendant E: 127,000,000 won for the Plaintiff.

Reasons

1. Determination as to the claim against the main defendant D

A. Basic facts 1) Defendant E is a policeman F, G, H, and I (hereinafter “F et al.”) on May 2006.

2) As to the land before subdivision, J Forest land owned is owned by the owner of the land (hereinafter “land before subdivision”).

Of the 1,000 levels, 1,000 shall be sold to the Plaintiffs for KRW 820,000,000 (hereinafter “first sale contract”).

(2) On September 2, 2006, Defendant E concluded a sales contract to purchase the land before subdivision from the F and three other parties on September 22, 2006 under Defendant D’s name (hereinafter “second sales contract”) with the purchase price of KRW 4,895,100,000 for the said day, and paid KRW 490,000 for the said day to three other parties on the said day as the down payment. Defendant E paid KRW 4,405,100,000 for the remainder of October 2, 2006.

On February 26, 2007, on August 24, 2010, division of November 26, 2009, the seller of public forests and 6,422§³ J. J. J. 6,422С on January 9, 2013, and the seller of public forests and 6,422С 6,350С M. 6,421С 6,421§¯ 7,428§¯ 7,428§¯ and 6,628§¯, and the seller of public forests and 3,691㎡ P. 7,691㎡ and Q. 1,454С and Q. 1,322,730С, and the seller of public forests and 200 square meters was divided into the sale contract, and the seller of public forests and 300 square meters, which is the seller’s agent’s agent, and the seller of public land was not divided into the sale contract, and Defendant 250 square meters.

5. On the other hand, the third sales contract contains the following special agreements:

Matters of special agreement

1. The first buyer prepares this Agreement with Defendant E or on behalf of Defendant E, and the transfer of ownership is ownership in the future of Defendant D.