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(영문) 서울동부지방법원 2018.08.22 2017가단111513
매매대금반환
Text

1. Defendant C’s KRW 19,104,00 for the Plaintiff and the following: 5% per annum from July 5, 2014 to August 22, 2018.

Reasons

1. Basic facts

A. The parties’ relationship between the Plaintiff and E are real estate investors as married parents. Defendant B’s friendship, Defendant C’s representative director of F Co., Ltd. with real estate trading and consulting, and Defendant D’s inside director of the said research institute.

B. Around April 2014, Defendant C agreed to purchase KRW 350,000,000 per square meter (1) of H forest land 7894 square meters and 1061 square meters per square meter (130,000 square meters per square meter) in Chungcheong City owned by G and G.

(2) Around May 2014, Defendant C recommended purchase of land to E, “I will create a lot of profits when Jri-ri-ri is developed in the station area,” by obtaining high-quality information from our research institute, and obtain a good site at a level lower than the surrounding market price.” The land purchase was recommended to “I purchase the land as the opportunity to directly trade with the land owner at a low price,” and accordingly, E requested Defendant C to purchase part of the above land.

(3) Around June 19, 2014, Defendant C entered into a sales contract with G and the said H and I land under the name of Defendant B, and completed the registration of ownership transfer on July 4, 2014.

(4) Around July 2, 2014, Defendant C forged a real estate sales contract in the name of G, which entered as “Partial H 199 square meters of the real estate,” and “The purchase price of KRW 95,520,00,000,” and delivered to E via K. A signed the said real estate sales contract on or around the fourth day of the same month, and Defendant C paid all the purchase price of KRW 95,520,000 by the 10th day of the same month.

(5) The land of H was divided into August 21, 2014, and was 4344 square meters in forest. The land of H was divided into 18 square meters in the same month and was 647 square meters in the previous month.

(6) On August 27, 2014, Defendant C changed the purchaser to the Plaintiff at the request of E, and completed the registration of transfer of ownership on the Plaintiff’s 650/434 shares out of H land and 8/647 shares out of the said I land (hereinafter “instant land”).

C. Criminal punishment (1) The Plaintiff conspireds with the Defendants on November 14, 2015.

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