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(영문) 의정부지방법원 2018.07.26 2017가단103573
손해배상(기)
Text

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

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

The defendants are the defendants.

Reasons

Basic Facts

A. On April 1, 2008, the Plaintiff and D entered into a sales contract with the content of purchase of each land E, F, G, H, and I (hereinafter “instant land”) in Namyang-si owned by Defendant B on April 1, 2008, in addition to the preparation of each sales contract (Evidence A-9-1, 2, and 3) with a total of KRW 1,000,000,000,000,000,000 won, the sales contract (Evidence A-2) with a total of KRW 1,120,000,000.

B. On April 29, 2008, the Plaintiff and D completed the registration of transfer of ownership of the instant land (84/1473 of the Plaintiff’s shares, 589/1473 of D shares) based on each sales contract with a total of KRW 1 billion in the above sales price as of April 29, 2008.

C. Meanwhile, Defendant C is a licensed real estate agent who acts as a broker for the instant land sales contract, whereas the name and seal of Party C is affixed to a sales contract (Evidence No. 2 of the above sales contract) which covers KRW 1.120 million, while there is no signature and seal of Party C in each sales contract (Evidence No. 9-1, 2, and 3 of the above sales amount) which covers KRW 1.20 billion in total of the above sales amount.

[Ground of recognition] Facts without dispute, Gap 2, 3, and 9 (including branch numbers; hereinafter the same shall apply), plaintiff's assertion of the purport of the whole pleadings

A. On February 2, 2008, the Plaintiff entered into a joint investment agreement with D and 60% of the purchase price for the instant land, bearing the remaining 40% D, and the profits accrued when disposing of the instant land in the future, and purchased the said land in accordance with the above share ratio.

B. On the premise that the purchase price of the instant land was KRW 1.12 billion, the Plaintiff and D agreed to bear KRW 300 million, which is KRW 60 million, after deducting the purchase price paid by Defendant B first to Defendant B, KRW 60 million and KRW 20 million, which is KRW 50 million, from the purchase price paid by Defendant B. The Plaintiff and D agreed to bear KRW 40 million, and the Plaintiff paid KRW 300 million with the purchase price of the instant land. However, Defendant B, the Plaintiff, the seller, is Defendant B.

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