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(영문) 광주지방법원 2017.08.24 2017가합50695
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. On March 15, 1996, the Plaintiff (former C) sold 1,930 square meters and E 4,532 square meters (hereinafter “instant real estate”) owned by the Plaintiff to the Rural Development Corporation, and completed the registration of ownership transfer under the name of the Rural Development Corporation on March 19, 196.

B. On March 27, 1996, the Defendant purchased the instant real estate from the Rural Development Corporation for KRW 25 million, and completed the registration of ownership transfer under the name of the Defendant on April 8, 1996.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 6 evidence, Eul evidence 2 (including branch numbers if there are branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. Plaintiff 1) around 1995, the Plaintiff sold the instant real estate to the Defendant at KRW 25,00,000, but accepted the Defendant’s request that the purchase price is insufficient. Upon the Plaintiff’s sale of the instant real estate to the Rural Development Corporation and payment from the rural Development Corporation, the Defendant agreed to purchase the instant real estate from the Rural Development Corporation and sell it in the manner of paying the purchase price to the rural Development Corporation for twenty (20) years. Meanwhile, at the time of the agreement above, the Defendant requested the Plaintiff to issue and request a change in the payment of the purchase price. The Plaintiff issued three (25,00,000,000 won to the Defendant. However, the Defendant embezzled the purchase price of KRW 25,00,000 paid to the Plaintiff by the Rural Development Corporation to the Plaintiff, and thus, the Plaintiff is obligated to pay the Plaintiff and the Defendant’s damages for delay as to the amount equivalent to the market price of the instant real estate at KRW 300,000,00,000 and KRW 395.2.

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