(영문) 의정부지방법원 2017.11.22 2017가단101485

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(영문) 의정부지방법원 2017.11.22 2017가단101485

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. As of January 19, 2016, the Plaintiff prepared a sales contract (hereinafter “instant sales contract”) stating that the Plaintiff purchases 1/2 of the Defendant’s co-ownership share of KRW 180 million among the real estate listed in the separate sheet (hereinafter “instant real estate”) from the Defendant, with the Defendant, at KRW 45% of the Defendant’s co-ownership of KRW 180 million.

B. On April 18, 2016, the Defendant: (a) prepared a sales contract with the purport of selling 1/2 of his/her share in the instant real estate as well as his/her share in KRW 480 million to his/her shares in KRW 480 million; and (b) completed on April 20, 2016, the Defendant completed the registration of transfer of ownership as to 1/2 of his/her share in the instant real estate to C.

[Ground of recognition] Facts without dispute, Gap 1, 2, and Eul 2, the purport of the whole pleadings

2. The parties' assertion

A. As indicated in the Plaintiff’s sales contract, the Plaintiff purchased 45% of the Defendant’s share of co-ownership from the Defendant, and thereafter, the Defendant transferred his share to C, thereby failing to perform the obligation of the Defendant to transfer the share based on the above sales contract.

Therefore, the defendant is obliged to pay 180 million won as compensation for damages due to default.

B. The Defendant sold all co-ownership shares to C, not the Plaintiff.

However, in the process of allocating the shares of the non-party company C, 45% of the defendant's share in the non-party company's share belongs to the plaintiff, and the defendant decided to have C, and the plaintiff divided the shares into the plaintiff and C at the request of the plaintiff and C, and the sales contract (one of them) is prepared.

After that, C resisted that the Plaintiff’s share ratio was wrong, the Plaintiff was transferred to C the entire share of the Defendant, and accordingly, the Defendant transferred the entire share to C who paid the purchase price as the buyer.

3. Determination

(a)a fact of recognition;

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