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(영문) 서울고등법원 2020.08.27 2019나2020038
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

The plaintiff's lawsuit against the defendant B, D, and E in subrogation of the defendant C.

Reasons

1. Basic facts

A. On October 23, 2014, Defendant B, the owner of the instant forest, signed a contract on the transfer of 4,715 square meters of F forest land in Yongsan-gu, Yongsan-gu, Incheon Metropolitan City (hereinafter “instant forest”) to Defendant B, the owner of the instant forest, G, and one other.

(hereinafter above, the contract entered into as above is called the 1st sale contract) B.

On November 25, 2014, a contract was made with the content that Defendant C transfers 2,148.7 square meters of the instant forest to the Plaintiff among the instant forest land.

(hereinafter referred to as the above, the contract entered into as the second sale contract) C.

Defendant D is a licensed real estate agent, and Defendant E is a brokerage assistant of Defendant D, and the said Defendants directly mediated the first and second sales contract.

On November 26, 2014, the Plaintiff paid the said Defendants KRW 90,000,000 for the down payment, and KRW 90,000 for the intermediate payment on December 30, 2014, respectively.

As of September 25, 2015, Defendant D arranged a contract under which Defendant B transferred the instant forest to G, H, and Defendant E as of July 23, 2015 (hereinafter “third-party contract”). As to the instant forest land, the registration of ownership transfer was completed in the name of G, H, and Defendant E, as of September 25, 2015, G, H, and Defendant E (hereinafter “third-party contract”).

E. As to the portion of 1074/4715 of the instant forest land, the registration of ownership transfer was completed in the name of S as of January 18, 2018, received on January 18, 2018. Of the instant forest land, the ownership transfer was completed in the name of S as of March 26, 2018 under the receipt of No. 31078 on March 26, 2018 by the same registry office.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, 6, 17, Eul evidence Nos. 1 through 3, 5, 16, 24, 25, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s primary claim (1) title trust of the instant forest land to H and Defendant E through the third sales contract. He and Defendant E, etc. title trust the instant forest land to H and Defendant E. The instant forest land to H and Defendant E, a third party.

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