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1. The Defendants jointly pay to the Plaintiff KRW 170 million and the interest rate from October 18, 2016 to the date of full payment.
Reasons
1. In fact, Defendant B Co., Ltd. is a company that newly built the first-class underground floor, the second-class neighborhood living facilities and officetels on the fourth and fourth lots of land outside Ulsan-gu, Ulsan-gu (hereinafter “instant building”).
Defendant C is a person who served as the representative director of Defendant B from around 2009 to May 11, 2013.
Defendant C solicited the Plaintiff to purchase KRW 2203 among the instant building newly built by Defendant B (hereinafter “instant 2203”), which was lower than the market price, to purchase KRW 170 million, and around June 2012, the Plaintiff concluded a sales contract with Defendant C and Defendant B, representing Defendant B, to purchase KRW 2203,00,000 from the purchase price (hereinafter “instant sales contract”).
According to the instant sales contract, the Plaintiff paid the sales price agreed by transferring the amount of KRW 100 million on June 19, 2012 and KRW 10 million on November 29, 2012 to the deposit account under Defendant B’s name, and KRW 60 million on May 13, 2013 to the deposit account under Defendant C’s name.
Defendant B completed the registration of initial ownership of the instant building on November 22, 2013 after completion of the instant building. However, the instant 2203 did not exist in the instant building.
[Reasons for Recognition] Unsatisfy, Gap 1 to 4, 7 (including virtual numbers), the purport of the whole pleadings
2. Claim against Defendant C
A. According to the above facts of determination as to the cause of the claim, Defendant C committed an illegal act of deceiving the Plaintiff to enter into the instant sales contract by deceiving the Plaintiff without any intent or ability to sell the instant 203 head to the Plaintiff, thereby deceiving the Plaintiff to enter into the sales contract of this case.
Therefore, Defendant C is obliged to pay the Plaintiff the damages amounting to KRW 170 million and the damages for delay.
B. Defendant C’s assertion is one of the instant buildings at the time of conclusion of the instant sales contract.