(영문) 서울서부지방법원 2017.07.12 2016가단213810

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(영문) 서울서부지방법원 2017.07.12 2016가단213810

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 20, 2006, the auction was commenced on February 20, 2006 with respect to the housing of 108 square meters and above ground (hereinafter collectively referred to as the “instant real estate”). The Defendant received a decision of permission for sale as the highest price buyer on December 5, 2006, and paid the purchase price of 135,550,000 won on January 4, 2007, and acquired the ownership of the instant real estate and completed the registration of ownership transfer on January 15, 2007.

(Korean District Court D.). (b)

After that, the defendant sold the real estate of this case to E on September 4, 2009 and completed the registration of ownership transfer on the same day.

[Ground of recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings

2. The Plaintiff, the cause of the Plaintiff, upon investing 60% of the purchase price of the instant real estate with the Defendant, entered into an agreement with the Defendant to receive 60% of the sale price of the instant real estate, and accordingly, invested KRW 80,000,000 in total by paying the bid deposit of KRW 10,30,000 for the instant voluntary auction on November 28, 2006 to the District Court, and (2) remitting KRW 60,000 on December 22, 2006 to the Defendant, and (3) paying KRW 9,70,000 to the Defendant around December 22, 2006.

Although the Defendant received funds from the Plaintiff and purchased the instant real estate at the voluntary auction, the Defendant arbitrarily sold the instant real estate to E in KRW 160,000,000, and subsequently charged the proceeds thereof.

The defendant's above act constitutes a tort against the plaintiff, and the defendant is obligated to pay the plaintiff 96,00,000 won of the above purchase price and damages for delay thereof, which are 60% of the above purchase price, or 96,00,000 won of the purchase price that the defendant acquired, which is 60% of the purchase price, do not have any legal grounds, so the defendant is obligated to pay the plaintiff 96,00,000 won and damages for delay.

3. Determination

A. Whether the Plaintiff has partially borne the purchase price of the instant real estate

유사 판례

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-대법원 1985. 12. 10. 선고 85누795 판결

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