(영문) 광주지방법원 2017.03.03 2016가단33863

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2017.03.03 2016가단33863

매매대금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The gist of the Plaintiff’s assertion 1) Nonparty C (which became final and conclusive as a decision of recommending reconciliation) around July 14, 2016, is the land owned by Nonparty D (hereinafter “instant forest”). The land is the land owned by Nonparty D (hereinafter “the instant forest”).

(2) On July 14, 2016, the Plaintiff offered that he would purchase KRW 26,00,000 to the Plaintiff. (2) On July 14, 2016, the Plaintiff, who was unable to believe Nonparty C, deposited KRW 26,00,000, which is the purchase price for the forest of this case, to the Defendant working in a certified judicial scrivener office, and ordered Nonparty C to pay KRW 26,00,000 when the documents necessary for the registration of transfer of ownership for the forest of this case are received in the certified judicial scrivener office.

3) The defendant was in the position of the custodian of the above money under delegation of the above affairs. Although documents necessary for the registration of transfer of ownership were not received, the plaintiff paid the above 26,00,000 won to the non-party C at will, thereby causing property damage equivalent to the above 26,00,000 won. 4) The defendant's act was negligent in performing the duty as custodian, and it constitutes a breach of trust or embezzlement, and thus, the defendant is jointly liable to compensate the plaintiff for damages equivalent to the above 26,00,000 won.

B. The gist of the defendant's assertion 1) The defendant did not have been delegated by the plaintiff to the non-party C with the authority to pay KRW 26,00,000,000, which is the purchase price of the forest of this case, after receiving the documents necessary for the registration of transfer of ownership from the non-party C). The defendant merely received a request from the plaintiff to deliver the above KRW 26,00,000 on behalf of the plaintiff to the non-party C, and at that time, received confirmation from the plaintiff that "whether the above KRW 26,00,000 is a fine for the non-party C," and only paid the above KRW 26,00,000 to the non-party C.

2. Determination

A. According to the evidence Nos. 5, B, and 1, the Plaintiff’s financial account of KRW 26,000,000 to the Defendant around July 11, 2016.

유사 판례

-서울남부지방법원 2016.12.21 2016가단34735

-서울동부지방법원 2019.04.24 2018가단120941

-대구지방법원서부지원 2016.01.19 2014가단29036

-인천지방법원 2015.03.05 2014가단36855

-광주지방법원 2015.11.11 2015가단40512