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(영문) 의정부지방법원 2017.06.23 2016가단13635
손해배상
Text

1. The Defendants jointly share KRW 37,696,982 with the Plaintiff and KRW 15% per annum from October 6, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. Defendant C and Defendant D Co., Ltd. (hereinafter collectively referred to as “Defendant C and Defendant D,” and collectively referred to as “Defendant Co., Ltd.”) are planning real estate companies, and Nonparty E was the actual operator, and Defendant B was the president of the general practice.

B. On June 25, 2013, Defendant B decided to sell to the Plaintiff KRW 100,000,000,000 among the 1490 square meters in Seoyang-gu, Seoyang-gu (hereinafter “instant real estate”). A sale contract was concluded between the Plaintiff and the Defendant C on the same day between the Plaintiff and the Defendant C, and the Plaintiff transferred KRW 10,000,000 to the Defendant C’s account on June 25, 2013, KRW 60,000,000 on July 10, 2013, and KRW 80,000 on July 25, 2013, respectively.

C. On July 24, 2013, Defendant B decided to sell 20 square meters of the instant real estate to the Plaintiff in addition to KRW 30 million, and the same day sales contract was concluded between the Plaintiff and Defendant D, and the Plaintiff transferred KRW 10 million to Defendant D’s account on August 13, 2013.

On January 10, 2014, the establishment registration of the instant real estate was completed following the completion of the registration of ownership transfer in the name of Nonparty G, a female living together with Defendant B, in the name of Nonparty G, and immediately following the completion of the registration of ownership transfer, with the maximum debt amount of KRW 1 billion in the future.

E. On April 2, 2014, among the instant real estate, a share transfer registration was completed in the Plaintiff’s future on April 2, 2014, and the instant real estate was divided into a 430 square meters in Gyeyang-gu, Soyang-gu, Seoul, and a 396 square meters in H field, and a 664 square meters in I field, on July 21, 2014.

F. Around July 2015, the Defendants, at the Defendant’s expense, committed a partition of co-owned property as owned by the Plaintiff with respect to the size of 396 square meters out of the instant real estate, and promised to cancel the registration of creation of a neighboring land of Rook and Nonghyup, but the said commitment was not performed. On January 19, 2015, Rook and Nonghyup filed an application for voluntary auction on each of the land divided from the instant real estate with the Do Government District Court Goyang support J, 2015.

G. Accordingly, the Plaintiff on February 2016.

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