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(영문) 서울서부지방법원 2016.11.30 2016가합2239
매매대금
Text

1. The Defendants jointly pay to the Plaintiff KRW 325,00,000 and the interest rate thereon from August 19, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff and Defendant C Co., Ltd. (hereinafter “Defendant C”) are parties to a sales contract on the share of 83/1354 square meters in Gyeonggi-do, Gyeonggi-do, 989 square meters in D forest land, E forest land E, 1354 square meters, 2/32 square meters in F road, and three buildings constructed on the ground thereof (hereinafter “each of the instant real estate”). Defendant B is an auditor of Defendant C, who is a working person on the conclusion of each of the instant real estate sales contract.

B. Defendant B did not have the intent and ability to pay the purchase price properly to the Plaintiff, and if the Plaintiff sold each of the instant real estate owned by the Plaintiff to Defendant C with the price of KRW 35 million (i.e., the price of each of the instant real estate owned by the Plaintiff (i.e., KRW 165 million for the land price of KRW 185 million), the down payment for the land portion is KRW 4 million on July 20, 2015, and the remainder KRW 12.5 million for the land price.

7.31. Each payment shall be made in 31. The payment for the portion of the building shall be made after the completion of the building, deceiving the plaintiff;

7. 20. The instant sales contract was concluded between the Plaintiff and the Defendant C.

C. Defendant C is the Plaintiff

7.23.1 million won;

8. 21. 1.5 million won has been paid respectively;

7.22. After completing each registration of ownership transfer with respect to each part of the instant real estate under Defendant C’s name:

8.5. The right to collateral security, the maximum debt amount of which is KRW 117,00,000, the debtor G and the debtor G and the annual forestry cooperative of the Docheon-gun;

8. 20. 20. Maximum debt amount of KRW 130,000,000; the debtor C and the mortgagee H respectively; and I on March 24, 2016.

24.24.Completion of registration of transfer rights claims based on their trade reservations.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 through 5, and 7, the purport of the whole pleading

2. According to the facts of the above recognition, Defendant B had the Plaintiff dispose of each of the instant real estate to Defendant C by deceiving the Plaintiff. As such, Defendant B is a tort, Defendant C is an employer of Defendant B, and the instant real estate.

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