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1. The Defendant’s KRW 50,000,000 as well as its annual 5% from November 30, 2007 to December 24, 2014 to the Plaintiff.
Reasons
1. Basic facts
A. On June 30, 2006, the Plaintiff sold 936§³ (hereinafter “instant land”) to C at KRW 283,000,000,000,000,000. On the same day, the Plaintiff was paid KRW 50,000 as the down payment and the intermediate payment.
(hereinafter referred to as “previous sales contract”). (b)
The Defendant, who was trying to implement a new apartment construction project in the first part of the land of this case, proposed double selling to the Plaintiff. Accordingly, on September 29, 2006, the Plaintiff sold the land of this case to the Defendant again and received the payment of the purchase price in full on the same day.
(hereinafter “instant sales contract”). C.
On October 13, 2006, the Plaintiff completed the registration of ownership transfer with respect to the instant land and received a written confirmation (hereinafter “instant agreement”) from Defendant E by Defendant director E. (hereinafter “instant agreement”). D. The agreement under the instant agreement was issued.
C filed a claim for damages against the plaintiff on February 6, 2007 (C Changwon District Court 2007Gahap712).
The plaintiff was introduced by the employee of the defendant to appoint the FG attorney-at-law as the legal representative, and the defendant paid the fee of KRW 3.3 million around April 25, 2007.
On November 29, 2007, at the time of the instant sales contract, the Plaintiff was sentenced to a ruling to return to C an intermediate payment of KRW 20 million on the ground that the previous sales contract was in a state where the Plaintiff could rescind at any time because it was impossible for the Plaintiff to achieve the purpose due to a cause attributable to C’s liability.
On November 30, 2007, the Plaintiff transferred KRW 50 million to G attorney-at-law on November 30, 2007.
The above judgment was dismissed on September 5, 2008 and became final and conclusive around that time.
E. On May 15, 2008, the Plaintiff filed a summary indictment on the charge of breach of trust with C’s accusation, and on May 15, 2008, the Defendant was acquitted on the same ground as the above civil judgment was rendered in the formal trial procedure (Seoul District Court Decision 2007Ma1268). The above judgment was dismissed and finalized on October 9 of the same year.