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(영문) 부산지방법원 2015.10.07 2014가단21829
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff purchased 331/100 of the share of 10820 square meters out of the 10820 square meters in female-gun C Forest land owned by the Defendant (hereinafter “instant land”) from the Defendant around B, around 2011, as the introduction of B, an employee of the Defendant, in KRW 45,000,000.

(hereinafter “instant contract”: Provided, That the Plaintiff and the Defendant indicated on November 2, 201 in the real estate sales contract the date of entering into the contract, and on the instant land, which is the subject matter of sale, as “31m2 in the indication column of the real estate in Gyeonggi-gun C Forest and Fishing Zone,” in the real estate sales contract.

B. The Plaintiff paid 500,000 won for the down payment to the Defendant prior to the date of concluding the contract under the above contract (on November 2, 2011), and paid 44,500,000 won to the Defendant through the Defendant’s employees B and D on November 4, 2014.

C. On November 10, 2011, according to the instant contract, the Plaintiff registered the transfer of co-ownership under Article 39143 of the Acceptance of Machinery, such as Credit Branch of Suwon District Court, with respect to the instant land.

On November 2, 2011, the Plaintiff is placed at the office of a certified judicial scrivener E-office.

2,287,00 won was delegated to the registration of the entry in the port.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, witness B's testimony, and purport of whole pleadings

2. Determination

A. The Plaintiff asserted that the Defendant’s employees purchased the instant land from the Defendant’s employees on the street adjacent to the two-way vehicular road, in and around the instant land, because the said land has become a motor vehicle-only one, and the female owners are expected to develop in the future. However, the instant land is highly valuable in investment value. However, the instant land cannot be easily accessed because it is located in a acid, and there was no development plan.

Therefore, the instant contract was concluded by the Defendant’s deception, and thus, the Defendant and B’s joint tort amounting to KRW 45,000,000 and KRW 2,280,000 due to the above joint tort.

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