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(영문) 서울중앙지방법원 2017.06.12 2016나41981
구상금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The grounds for this part of the facts are as follows: “The Plaintiff, around January 2013, had Defendant B of the non-party company secure the instant land from the non-party company Defendant B at the non-party company around January 17, 2013, and I would like to conclude a sales contract (hereinafter “the instant sales contract”) with the content of purchasing the instant land from the non-party company at KRW 100 million on January 17, 2013, except for the following: “The Plaintiff, around January 2013, had the head of the non-party company secure the instant land at the non-party company Defendant B, the head of the non-party company secured the land at the non-party company.”

2. The plaintiff's assertion and judgment against the defendants

A. On October 2012, 2012, prior to the conclusion of the instant sales contract, the Plaintiff asserted against the Defendants as to the Plaintiff’s assertion on the Plaintiff’s subrogation, and there was no fact that he was involved in the instant sales contract since the Plaintiff transferred all of the Nonparty Company’s management rights and rights to the instant land to the Defendants. On the other hand, the Defendants, on January 17, 2013, concluded the instant sales contract with the Nonparty Company and H on the grounds that even if the instant sales contract was rescinded and sold, it was impossible to transfer ownership even if it was sold, or did not have verified it properly. The Defendants received KRW 100 million from the Plaintiff and used the instant sales contract.

Considering the above circumstances, the Defendants can be deemed as the actual party to the instant sales contract. Therefore, the Defendants are liable to compensate I for KRW 100 million equivalent to the purchase price of the instant sales contract due to nonperformance of obligations or joint tort.

As such, the Plaintiff is related to the instant sales contract.

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