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(영문) 인천지방법원부천지원 2017.09.28 2017가단105915
손해배상(기)
Text

1. The Defendants jointly committed against the Plaintiff KRW 160,052,00 and KRW 96,052,00 among them, from March 12, 2011 to 50.

Reasons

1. Facts of recognition;

A. The Defendants’ act of fraud against the Plaintiff 1) worked as a real estate agent as the intermediary assistant to the real estate office. On February 25, 2011, the Defendants made a false statement to the effect that “The Plaintiff is expected to have a new KTX history in Gangnam-gu, Seoul. When purchasing a vinyl in the previous site, the Plaintiff would be entitled to purchase five square meters of the site, and then would have the right to purchase a commercial building or an officetel in the previous site. Upon purchasing a vinyl in the previous site, the Plaintiff would be entitled to receive a right to occupy a rental house and can obtain development gains. Accordingly, if purchasing the above farming facility or a vinyl house, the said apartment house would be able to obtain a right to occupy a rental house.” However, the Defendants did not have the right to dispose of the said E vinyl, such as ownership, and even if receiving the purchase price from the Plaintiff, there was no intention or ability to have the Plaintiff acquire the right to purchase the said commercial building or the apartment house or the right to occupy a rental house.”

3) The Plaintiff entered into a sales contract with the Defendants on March 11, 201, for the plastic greenhouse located in Gangnam-gu, Seoul, with the Defendants as above. The Plaintiff transferred the Defendants the total amount of KRW 20 million as the purchase price, KRW 40 million on February 25, 201, KRW 40 million on February 28, 2011, KRW 20 million on March 1, 2011, and KRW 80 million on March 1, 201, to the National Bank (F) account in the name of Defendant B (F). The Defendants concluded a sales contract with the Plaintiff on March 11, 201 with the Plaintiff on March 11, 201, KRW 20 million on the same day as the purchase price, KRW 50 million on March 14, 201, KRW 10 million on March 14, 201, KRW 315 million on the account of the Defendants.

B. As a result of the criminal judgment against the Defendants and the Plaintiff’s application for compensation order, the Defendants, including the Plaintiff, shall be punished by fraud against several hundreds including the Plaintiff, and shall be supported by the Suwon District Court.

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