logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.02.06 2013가합93208
손해배상(기)
Text

1. Defendant B’s 460,000,000 won and 400,000,000 won among them to the Plaintiff. Defendant B’s 6 November 2007, and 60,000,000 won to the Plaintiff.

Reasons

1. Basic facts

A. On September 5, 2007, the Plaintiff’s female students purchased 30,009 square meters from Defendant D’s forest land Franyang-gun, Kangyang-gun (hereinafter “instant land before the instant partition”).

After that, with the consent of Defendant D, the Plaintiff succeeded to the status of purchaser based on the above sales contract (hereinafter “first sales contract”) from E.

B. On February 12, 2008, the instant land prior to the instant subdivision was divided into G forest land registration conversion with G forest land 28,883 square meters, G forest land 4,958 square meters, H forest land 14,832 square meters, and 9,093 square meters of I forest land (hereinafter collectively referred to as “land after the instant subdivision”).

C. On August 25, 2010, the Plaintiff, as the broker of Defendant B, sold the instant land again to Defendant C, the wife of Defendant D, after the instant partition (hereinafter “second sale contract”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 3-1, purport of the whole pleadings

2. Claim for damages on the ground of deception against the Defendants

A. Defendant B asserted that the purchase price agreed in the first sale contract was KRW 1.1 billion, but the purchase price was KRW 1.5 billion and was paid by the Plaintiff as the purchase price was KRW 1.5 billion and acquired by deception.

Defendant C and D conspired with Defendant B, thereby joining the Plaintiff, or aiding and abetting Defendant B by being aware that it belongs to the Plaintiff.

Therefore, the defendants are jointly and severally liable to pay damages amounting to KRW 400 million to the plaintiff.

B. Determination 1 as to the claim against Defendant B does not conflict between the parties, or as to Gap evidence 2, 6, 8, 9, Eul evidence 1, Eul evidence 1, Eul 1 through 7, 10, 16, and 18, witness J testimony, the NH Bank Co., Ltd. of this court (the date of July 9, 2014, the date of July 10, 2014, the date of July 15, 2014), Hongcheon Agricultural Cooperative (the date of June 10, 2014, the date of July 9, 2014), the Industrial Bank of Korea (the date of July 14, 2014, the date of July 16, 2014), the National Bank of Korea (the date of July 14, 2014, the date of July 16, 2014), the National Bank of Korea (the date of reply to each order to provide financial transaction information).

arrow