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(영문) 서울북부지방법원 2015.08.19 2014가합22578
매매대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

The plaintiff asserts that on November 2005, the defendants' act of deceiving the plaintiff without intent or ability to pay the purchase price, and caused the plaintiff to sell to the plaintiff the D building 1907, 1912, 1913, and 1922 (hereinafter "the real estate of this case") in total of 392,638,600 won (credit 170,368,000 won and the defendants' acceptance of the defendants, total of 2222,271,400 won and the remainder of 392,638,600 won and the loan 170,368,000 won and the remainder of 222,271,60 won were deducted from the purchase price of 392,60,00 won and the remainder of the registration of ownership transfer was not paid to the plaintiff. Thus, the defendants jointly liable to compensate the plaintiff for damages and delay damages.

In full view of the entries in Gap evidence 1, Gap evidence 1, Eul evidence 9 through 12-1, 2, 3, Eul evidence 1-1 through 4-4, and the purport of the whole pleadings in witness Eul's testimony in around 2003, the plaintiff entered into a sales contract in the name of Eul and Eul with the above D1908, 1909, 1910, 1911, 1914, 1915, and 1925 for each price of 94,659,850 won for the real estate in the name of defendant Eul on November 9, 2005, since the agreement on succession of the rights and obligations to the real estate in the name of defendant Eul was prepared, and since the registration of transfer in the name of defendant Eul was completed on November 10, 2005, the above facts are acknowledged, it is difficult to deem that the defendants conspired to commit a tort as alleged otherwise by the plaintiff.

The plaintiff also asserts that since the plaintiff sold the real estate of this case to the defendants and completed the registration of transfer of ownership accordingly, the defendants are jointly and severally liable to pay to the plaintiff the remaining purchase and sale amount of KRW 22,271,400 and delay damages.

The plaintiff is in the name of F and G around 2003, the plaintiff is in the name of F and G.

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