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(영문) 인천지방법원 2017.08.30 2016가단250259
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. The parties' assertion

A. The Plaintiff asserts that on March 20, 2007, the Plaintiff, while selling the Plaintiff’s instant real estate (Sacheon City C forest C forest land 60,60 square meters) in KRW 90,000,000, by deceptioning the Plaintiff to sell KRW 55,000,000,000, and acquired the difference by deceptioning KRW 35 million.

B. As to this, even though the plaintiff was aware of the above facts on July 22, 2008 during the lawsuit, such as the plaintiff's lawsuit of this case between the plaintiff and the defendant, Incheon District Court 2007dern 17055 (principal lawsuit), 2008dern 13685 (Counterclaim) and the defendant, the defendant raised the lawsuit of this case and filed the lawsuit of this case and filed the lawsuit of this case, and the claim for damages caused by the deceptiveation against the defendant

2. Determination on the extinctive prescription

A. Considering the overall purport of the pleadings in the evidence Nos. 1, 1-1, 2-2, 5-2, and 6-1, 4-2, 5-2, and 6, the Defendant submitted a preparatory document containing the following: “The Plaintiff and the Defendant sold the instant real estate at KRW 55 million, and the Defendant received the remainder of KRW 35 million, and the Plaintiff received the remainder of KRW 35 million,5 million,” and on July 21, 2008, the Defendant, who stated that the said real estate was not repaid to the Plaintiff on March 20, 2007, and then sold the said real estate at KRW 5 million to the Plaintiff on February 26, 2008, notified the Plaintiff of the fact that the said real estate was repaid at KRW 35 million,500,000,000,000,0000,000,0000,000 won.”

B. According to the above facts of recognition, the plaintiff is above.

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