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(영문) 서울고등법원 2017.09.14 2016나2062574
손해배상금 등 청구의 소
Text

1.Paragraphs 2 and 3 of the judgment of the first instance, including the plaintiff's claim extended by this court, are as follows.

Reasons

1. Facts of recognition;

A. The Defendants and I, while promoting a telecommunications business and a gas station business, sought a method of raising business funds through a real estate security loan, while seeking ways to sell the instant real estate through Defendant D’s paper C, knowing that the Plaintiff intended to sell the instant real estate, and conspired to acquire the said real estate by paying a part of the purchase price and acquiring the said real estate.

B. On May 2014, the Defendants and I demanded through C to pay the Plaintiff the purchase price with the amount of KRW 300,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000

At the time, even if the Defendants and I received the registration of transfer of ownership of the above real estate first, they did not intend or have ability to pay the balance to the Plaintiff for the remaining business funds or cost of living which they had been promoting.

C. On July 17, 2014, the Defendants and I prepared a sales contract, stating that the date of the contract was retrospectively recorded on July 17, 2014, on which the Plaintiff, the buyer, the Defendant B, the sales price of KRW 1 billion, and the payment date of the sales price, on the instant real estate, which was delegated to the Plaintiff to sell and purchase and the instant real estate by the Plaintiff, was July 17, 2014.

(A) Defendant D and I prepared a sales contract in the name of Defendant B with a bad credit holder at the time. (hereinafter “instant sales contract”).

On July 17, 2014, the Plaintiff completed the registration of ownership transfer for the instant real estate to Defendant B on May 26, 2014.

E. The Defendants: (a) to E, the bond company on the day when the above registration of ownership transfer was completed, the maximum debt amount regarding the instant real estate is 19.9.

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