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(영문) 의정부지방법원 2014.08.28 2013가합11017
손해배상(기) 등
Text

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

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

Reasons

1. Summary of the plaintiff's assertion

A. On January 29, 2007, the Plaintiff recommended Defendant F to sell each of the lands listed in the separate sheet No. 1 (hereinafter “instant land”) from around January 29, 2007 to Defendant F from January 29, 2007, and agreed to purchase each of the instant lands in the aggregate of KRW 6.8 billion from January 29, 2007 to December 31, 2008, and paid KRW 7.23 billion as shown in the separate sheet No. 2, as shown in the separate sheet No. 2, from January 29, 2007 to December 31, 2008; and on March 3, 2009, the Plaintiff concluded the instant sales contract in a fixed manner with Defendant F.

After September 30, 2009, the remainder of KRW 6.145 million from KRW 6.5 billion to KRW 357 billion shall be paid KRW 6.2 billion in total and KRW 7.25 billion shall be paid until September 30, 2009, and each registration of ownership transfer was completed on October 7, 201.

On July 31, 2009, the Plaintiff paid 357 million won to the Plaintiff in excess of the above amount on the wind to settle the purchase price. Defendant F not only acquired the above money without any legal cause but also concluded that the land on 32 square meters of certain objects was already sold to G and received the total amount of KRW 7.225 million, including that, in awareness of the fact that it was already sold to G, the Plaintiff is obligated to pay 357 million as damages for unjust enrichment or tort.

In addition, the remaining Defendants except Defendant F (hereinafter “NF Defendants”) committed an act of evading the Defendant’s obligation to the Plaintiff by concealing Defendant F’s property in collusion with Defendant F. In the end, the Defendants are jointly and severally liable to return or compensate the said money to the Plaintiff.

B. Around June 2011, a joint payment claim of KRW 420 million was filed with respect to part of the instant land (70/235 square meters out of H 182 square meters) in the name of G for the joint payment of damages amounting to KRW 420,000,000, the Plaintiff directly purchased the said land in August of the same year when the Plaintiff was unable to acquire the ownership by agreement with Defendant F.

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