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(영문) 의정부지방법원 2016.09.28 2016가단100294
손해배상(기)
Text

1. Defendant (Appointed Party) and Appointed C jointly share KRW 180,000,000 to the Plaintiff and the Plaintiff’s share on April 15, 2009.

Reasons

1. (1) On April 6, 2009, the Plaintiff (Buyer) purchased from D (seller) land totaling 26,541 square meters of eight parcels listed in the separate sheet of real estate (hereinafter “instant land”) and completed the registration of ownership transfer.

(2) At the time, the Plaintiff purchased the instant land through the introduction of the Selection C, and the Selection Party B agreed to assume the responsibility for the overall affairs, such as the issue of development of the instant land.

(3) Upon hearing the explanation from B and C that the purchase price of the instant land is KRW 50 million, the Plaintiff directly transferred the purchase price of KRW 20 million to D on April 6, 2009, and transferred KRW 230 million to Defendant B or B’s account designated by B, and the remaining KRW 250 million to Defendant B after receiving a loan of KRW 250 million in the name of the Plaintiff from the Government Agricultural Cooperative, an official agricultural cooperative as security, in the name of the Plaintiff.

(4) However, the buyer D (the actual purchase price was received by F) received only 3.2 million won from B and C.

[Grounds for recognition] Gap 1-11, Eul 1, and two statements (including additional numbers), the purport of the whole pleadings

2. According to the above findings of determination, the designated parties and the appointed parties conspired to act in collusion with the Plaintiff that the actual purchase price of the land of this case is KRW 320 million, notwithstanding the fact that the actual purchase price is KRW 320 million, and they receive KRW 500 million from the Plaintiff and receive KRW 180 million, excluding KRW 320 million, which is the actual purchase price, from the Plaintiff, and cause the Plaintiff to incur property damage of KRW 180,000,000,000,000, which is excluding KRW 320,000,000,000, which is the actual purchase price. As such, the designated parties and the appointed parties jointly share the same meaning as “joint” under Article 760(1) of the Civil Act, and as to this, a copy of the complaint of this case from April 15, 2009, which is the last day of the payment of the purchase price of this case to B.

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