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(영문) 서울고등법원 2014.11.13 2013나2023103
손해배상(기)
Text

1. On the basis of the primary claim added at the trial, the Defendant shall pay to the Plaintiff KRW 254,660,966 as well as the Plaintiff on August 24, 2014.

Reasons

1. Basic facts

A. Sale and purchase of the instant land owned by the Plaintiff and embezzlement B (1) on November 14, 2005, the Plaintiff owned as a broker of F and G on November 14, 2005, and owned by the Plaintiff within the land transaction permission zone between F and G, Nam-si, Namyang-si, H 1,178 square meters and I 891 square meters (hereinafter collectively referred to as “instant land”).

A) A contract to sell the instant land was concluded, and KRW 153,035,637, and KRW 23,620,000 was paid from G in accordance with the said sales contract. G and F applied for a land transaction permit to the said sales contract to the Southern-ju City Mayor, but the said sales contract became null and void due to non-permission disposition on February 2, 2007 through March 3, 207. (2) The Plaintiff sold the instant land to another person and agreed to return the sales price received from G and F with the sales price, and delegated the right to sell the instant land to B.

3) On September 11, 2007, B entered into a sales contract with J to sell the instant land for KRW 366,00,000 on behalf of the Plaintiff, and B received KRW 356,660 million on September 11, 2007 from J to receive KRW 10 million on October 1, 2007, and KRW 254,660,966 on the instant land, which was found guilty of the final and conclusive judgment due to the aforementioned criminal facts. B received KRW 356,60 million on October 15, 2007 and KRW 10 million on October 11, 2007.

(The District Court 2009No1065). (b)

On September 12, 2007, the Defendant, the wife of the instant apartment purchase, concluded a sales contract with N, the purchase price of which is KRW 450,000,00 (the contract amount of KRW 30,000,000 and the intermediate payment of KRW 20,000,000,000, on the date of the contract, are paid on the date of the contract, and the remainder of KRW 400,000,000 are paid on October 31, 2007 (hereinafter “instant sales contract”).

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