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(영문) 서울중앙지방법원 2014.04.25 2013가합59024
손해배상(기)
Text

1. Of the instant lawsuit, the part of the claim against Defendant B shall be dismissed.

2. Defendant D shall pay to the Plaintiff KRW 70,000,000, and this shall apply.

Reasons

1. Basic facts

A. The Plaintiff was entrusted by Defendant B with the authority to sell the forest land of 22,324 square meters (hereinafter “the instant forest”). The Plaintiff purchased the forest land of this case and recommended that “the alteration of the form and quality thereof may be made if the Plaintiff sold the forest land after changing the form and quality thereof.” On July 2, 2004, Defendant D representing E and the instant forest land in the presence of Defendant B and C shall be purchased at KRW 2,200,000,000,000 on the date of the contract, intermediate payment and intermediate payment, KRW 100,000,000 on July 30, 2004, and KRW 100,000,000,000 on December 20, 2004 (hereinafter “the instant contract”).

B. On July 2, 2004, the day when the contract was concluded pursuant to the instant sales contract, the Plaintiff paid 100 million won of the down payment and the intermediate payment to Defendant D as a check, and on July 30, 2004, transferred the intermediate payment of KRW 20 million to Defendant C’s account according to Defendant B’s instruction.

C. Since then, there was a dispute between the Plaintiff and the Defendants as to the cost-sharing incurred in changing the form and quality of the instant forest, and around April 30, 2005, the ownership transfer registration was completed in the name of Nonparty G with respect to the instant forest.

Accordingly, the Plaintiff rescinded the instant sales contract, demanded Defendant B and D to return the sales price, and received a refund of KRW 50 million from Defendant B on December 19, 2005.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2, 3, Eul 1, Eul 1, Eul 7, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Defendants asserted 1 did not pay KRW 120 million received from the Plaintiff based on the instant sales contract to E, the owner of the instant forest, and consumed all of them for other purposes at will.

Since then, the Plaintiff cancelled the instant sales contract and claimed the return of the purchase price to the Defendants, from Defendant B.

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