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(영문) 수원지방법원 2016.04.26 2015가단17339

손해배상(기) 등

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1. The Defendants jointly agreed with the Plaintiff KRW 129,560,000, and Defendant B with respect thereto, and Defendant C with respect thereto from April 10, 2015.

Reasons

1. Facts of recognition;

A. [Housing Development Land Plan] Defendants and E jointly operated the F Licensed Real Estate Agent Office on October 8, 2008, the Defendants purchased a mountain of Y (hereinafter “H land”), the ownership of G, J (hereinafter “J land”), and K (hereinafter “K”) of 23,109 square meters per one day (hereinafter “H, J, and K”) and jointly agreed to jointly create a multi-household housing site and sell it to a third party, and the external representative was to act in the name of Defendant B.

B. [Purchase of Land for Housing Development] However, on October 17, 2008, the Defendants and E purchased H land in the name of L from G to KRW 1,629,760,00, and paid KRW 162,970,000 as down payment (No. 1). On October 17, 2008, the Defendants and E purchased J land and K land in KRW 1,445,840,000 from I and paid KRW 14,580,00 as down payment.

C. [The Housing Site Division Plan] Defendants and E requested M to sell the instant housing development land by dividing the instant housing development land into 31 lots, such as the attached building arrangement scheme.

[Procedure for the purchase of the Plaintiff’s housing site] Defendant B received delegation from the owner G and sold it to the Plaintiff, and Defendant C received payment of KRW 75,000,000,000 as down payment, when selling the attached land No. 123,50,000 on H land in the form of guarantee by Defendant C on October 16, 208 (Evidence No. 1, No. 4, 2008; hereinafter referred to as “sale on October 16, 2008”).

However, on December 1, 2008, the Plaintiff offered that he would purchase the land of 10,000 won in the attached Form No. 40,000,000 (in the balance of the contract, KRW 40,000,000,000) and offered that he would purchase the land of 10,000 won in the attached Form No. 10.

(A) Evidence No. 3, hereinafter referred to as the "Sale on December 1, 2008"). However, the plaintiff is against the defendant B:

A statement of confirmation of entry in the port.