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(영문) 서울북부지방법원 2017.10.31 2016가단136108
손해배상(기)
Text

1. The defendant,

A. From May 1, 2010 to Plaintiff A: (a) KRW 70 million and its related thereto; (b)

B. Plaintiff B is KRW 40 million.

Reasons

1. Facts of recognition;

A. On June 7, 2008, the Defendant agreed to purchase 50,000 square meters of land outside 20,332 square meters of land in D and Gyeonggi-gun E-do, and the Defendant developed the said land as a housing site and sold it.

B. Around November 11, 2009, the Defendant entered into a contract with the Plaintiff to sell a sale price of KRW 662 square meters for KRW 70 million in the purchase price of a forest Frane-gun in Gyeonggi-gu among the land Plaintiff A and the Plaintiff.

(hereinafter “instant sales contract”). Plaintiff A paid KRW 70 million from November 13, 2009 to April 30, 2010.

On April 1, 2010, the Defendant agreed to transfer the Plaintiff’s 661 square meters of G forest land in Gyeonggi-gu, Gyeonggi-do (hereinafter “instant one real estate”) instead of the said forest land, and completed the registration of ownership transfer with respect to the instant one real estate to the Plaintiff around May 13, 2010 with the consent of the owner D.

C. On December 2, 2009, the Defendant entered into a contract with Plaintiff B and Gyeonggi-gun to sell KRW 330 square meters of forest land at KRW 40 million, which was KRW 330,000,000.

(2) Plaintiff B paid KRW 40 million from December 30, 2009 to January 11, 2010.

On May 13, 2010, the Defendant completed the registration of ownership transfer with respect to 1/2 shares out of 661 square meters of Gyeonggi-gun H, Gyeonggi-gun H, H, H, 61 square meters (hereinafter “instant 2 real estate”). D.

On the other hand, each of the instant real estate was established by the joint collateral mortgage of the debtor, the mortgagee I, and the maximum debt amount of one billion won (the subsequent change of KRW 200 million) with respect to each of the instant real estate. However, the joint collateral mortgage was established, but the voluntary auction procedure based on the foregoing collateral was initiated, and the joint collateral auction corporation completed the registration of ownership transfer on each of the instant real estate around August 18, 20

E. Accordingly, the Plaintiffs notified the Defendant that they cancel each of the instant sales contracts by serving a duplicate of the instant complaint pursuant to Article 576 of the Civil Act.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 3 through 10, purport of the whole pleadings

2. The cause of the action.

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