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(영문) 대전지방법원 2021.01.14 2020가합100806
손해배상(기)
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and D are married couple, Defendant B is a partner of Defendant D, and Defendant C is the wife of Defendant B.

B. D entrusted land located in G-ri, including Sejong Special Self-Governing City E (hereinafter “E”) and 4,030 square meters (hereinafter “F land”) prior to F, under the name of Defendant B, among the land located in G-ri (hereinafter “G-ri land” in the name of Defendant B”), and accordingly, the ownership of the said land was transferred to Defendant B in the name of Defendant B.

The term "G Ri" shall be omitted in the area of land category (land size) and not more than G Ri, respectively.

F due to the merger on February 22, 2016, the size of the area as at the time of subdivision on August 24, 2012, 410 square meters between Q 9 and Q 46 before Q 46 before Q 46 before the 550 L prior to the 567 K prior to the 5510 L prior to the 550 N prior to the 5534 N prior to the 550 N prior to the 534, the size as at the time of subdivision is 410 square meters on April 4, 2014; the size of the area as at the time of subdivision is 7 square meters prior to the merger and 516 square meters prior to the 101 square meters prior to the transfer on August 24, 2012, the size as at the time of subdivision is 324 square meters and 192 square meters prior to the 5192 square meters prior to the 2014.

C. F land is the following land: F-O land: (a) from December 14, 201 to August 24, 2012, 201, the land divided into H-I land (hereinafter “F-O”);

(3) was divided.

(d)

Plaintiff

- D and the Defendants drafted documents concerning G land from July 22, 2010 to August 23, 2016 (each letter, agreement, etc.).

The main contents are as shown in attached Table 1 to 5.

E. On March 8, 2018, Defendant B provided the performance of the obligation under the agreement between Plaintiff B and Plaintiff D on August 23, 2016 (see attached Table 5), but Plaintiff B and D filed a lawsuit seeking the payment of the said agreed amount on the ground that the said agreement did not pay the total amount of KRW 410,789,69,690, including the transfer income tax agreed to be paid to the Defendant B according to the said agreement (the Daejeon District Court 2018 Gohap 101493). This Court rendered a judgment in favor of the Plaintiff on November 7, 2019.

On August 23, 2016, the parties to the self-agreement include the plaintiff (the above agreement is legally prepared by D on behalf of the plaintiff).

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