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(영문) 부산지방법원 2018.12.12 2016가합48191
손해배상(기)
Text

1. Defendant B’s KRW 135,966,60 for the Plaintiff and KRW 5% per annum from September 28, 2018 to December 12, 2018.

Reasons

1. Facts of recognition;

A. On January 24, 2013, the Plaintiff entered into a sales contract and carried out its execution 1) each of the real estate listed in the separate sheet owned by Defendant B (hereinafter referred to as “instant real estate”).

) The sales agreement was agreed to purchase the sales amount of KRW 620,000,000 (hereinafter “instant sales agreement”).

(2) According to the above sales contract, Defendant B received the above sales amount from the Plaintiff, and completed the registration of ownership transfer with respect to the instant real estate in the name of the Plaintiff on February 7, 2013.

B. On August 30, 2014, the Plaintiff agreed to sell the instant real estate in KRW 625,00,000 to E, and accordingly, the Plaintiff paid the sales amount from E, and completed the registration of transfer of ownership in the name of E on September 30, 2014. (2) However, at the time of the said sales contract with E, the real estate listed in paragraph (3) of the attached Table of the instant real estate (hereinafter “instant building”) among the instant real estate (hereinafter “instant building”) was under the ground subsidences, and was under the influence of the building itself.

3) On April 22, 2016, E filed a criminal complaint against the Plaintiff and the Plaintiff’s husband F by deceiving himself/herself as if the instant building had no problem. 4) Accordingly, the Plaintiff and F was sentenced to a suspended sentence of 2 years for F due to a crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in Busan District Court (2015Dahap801) in Busan District Court (2016. 3 years for a suspended sentence of 3 years for a suspended sentence of 1 year and 6 months for the Plaintiff, and the said judgment became final and conclusive around that time.

(hereinafter referred to as "related criminal case"). (c)

Plaintiff

On April 5, 2016, the Plaintiff and F agreed to pay 320,000,000 won to E with respect to the repair of defects in the building of this case (construction-related costs) and to continue to own the building of this case. D.

The status of the Defendants.

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