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1. Revocation of a judgment of the first instance;
2. The plaintiff's claims against the defendants are all dismissed.
3. The total cost of the lawsuit.
Reasons
1. Basic facts
A. Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company established for the purpose of real estate sales business, etc., and Defendant B is the representative director of Defendant Co., Ltd.
B. On April 201, the Plaintiff purchased 23/468 shares, F forest land and 170 square meters (hereinafter collectively referred to as “instant land”) from the Defendant Company in the name of G, an employee of the Defendant Company, for the purchase price of April 25, 201, the Plaintiff transferred KRW 41 million to the account in the name of G, an employee of the Defendant Company, for the purchase price.
C. On August 18, 2011, Defendant Company completed the registration of ownership transfer based on sale on the instant land to the Plaintiff.
[Ground of recognition] Facts without dispute, entry of Gap 1, 3, and 4 evidence (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. The summary of the Plaintiff’s assertion is that the instant land is a blind spot with no access road, and there is no plan around the said land on the grounds that there is no will and ability to open a legitimate road on the instant land, and the Defendant Company’s employees deceptioned the Plaintiff to the effect that “The purchase of the instant land is at least five meters wide, and is at least five meters wide.”
Defendant B entered into the instant sales contract with the Plaintiff and acquired the sales amount of KRW 41 million from the Plaintiff.
As such, Defendant B’s act constitutes a tort committed by fraud, which is an act committed with respect to the Defendant Company’s performance of its business affairs, and thus, Defendant Company’s employer liability is established. As such, Defendants jointly have the obligation to jointly pay the Plaintiff damages amounting to KRW 36,654,00 (i.e., the amount equivalent to the sale price - KRW 41,00,000 - the amount equivalent to the market price of the instant land 5,346
3. Each description of evidence A2 to 7 and the court of first instance.