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(영문) 대구지방법원 포항지원 2017.02.14 2016가단1302
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 23, 201, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with Defendant Samsung F&M (a company engaged in the sale and purchase of real estate and the sale of real estate; hereinafter “TM”) to purchase KRW 331 square meters (100 square meters (1,00 square meters) out of 13,968 square meters (hereinafter “the instant forest”) owned by the Defendant Dongcheon Industrial Development Co., Ltd. (hereinafter “TT”) in Dongcheon-si, Kimcheon-si, Kimcheon-si (hereinafter “Defendant Dongcheon Industrial Development”) for KRW 75,00,297.

B. According to the above contract, the Plaintiff paid KRW 77,750,000 in total from September 23, 201 to September 29, 201 of the same month (i.e., KRW 5,000 in total paid to Defendant B for the registration of transfer of ownership of KRW 72,750,000 in total, the purchase price of which was partially discounted out of the above purchase price). On October 18, 2011, the Plaintiff completed the registration procedure for transfer of ownership of KRW 331/13,968 out of the forest land of this case from Defendant Dongcheon Industrial Development and acquired ownership.

C. As of 2015, the officially assessed individual land price per square meter of the instant forest is KRW 2,640.

Therefore, the officially assessed individual land price of the defendant's share in the forest of this case is 873,840 won (=2,640 won x 331m2). 【The fact that there is no dispute as a ground for recognition, entry of Gap evidence Nos. 1 through 4, 6, 7, and 8 (including a variety number if there is no special indication; hereinafter the same shall apply) and the purport of the whole pleadings.

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion lies in Defendant B, the Eastern Middle School in 201, which had been engaged in cargo vehicle driving business.

Defendant B knows that the amount of money collected for the purchase of freight cars is KRW 70 million,00,000,000, the Plaintiff would be able to impose a lot of money when purchasing the forest land of this case in the vicinity of the Gimcheon Innovation City. Defendant B, the owner of the land, will undertake construction works entering mountain in the East Asian Industry Development, and if so, would reach a normal million won.

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