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(영문) 부산지방법원 2014.02.28 2013가단40533
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The summary of the cause of the Plaintiff’s claim is that, in collusion with the former owner C, etc. of the real estate listed in the separate sheet (hereinafter “the instant real estate”), the Defendant prepared a lease contract in which 2.40,000 won was entered, and received 1.880,00 won in return, in order to make up the value of the instant real estate in collusion with the former owner C, etc. of the instant real estate listed in the separate sheet.

As a result of the Defendant’s above act, the Plaintiff purchased the instant real estate at KRW 650 million, but the Plaintiff suffered damages of KRW 350 million and KRW 80 million and KRW 30 million in difference due to the auction. Thus, the Defendant is obligated to pay the Plaintiff the damages amounting to KRW 1.88,00,000 and KRW 2.2,470,00,000,000 for the unpaid monthly rent of KRW 306,000,000 and KRW 2,647,00,000 (= KRW 1.88,000,000 and KRW 2.2,35,000,000,000 in total among the instant real estate).

2. In full view of the reasoning of the judgment as to the Plaintiff’s cause of claim, Gap evidence No. 1, Eul evidence No. 5, Eul evidence No. 4-1 through No. 4-3, and the purport of the whole pleadings, the Defendant prepared a lease agreement with the former owner of the instant real estate on April 5, 2008 between C and lessee No. 306, which is the former owner of the instant real estate, on April 5, 2008, stating that “The lease deposit KRW 35 million, monthly rent of KRW 80,000,000,000,000 won, monthly rent of KRW 1,920,000,000,000,0000 won, which was paid in advance by the Defendant, shall be acknowledged.

However, there is no evidence to acknowledge that the Defendant conspireds with C, etc. to sell the instant real estate at a high price. Moreover, at the time of entering into a sales contract with the Plaintiff, C, etc. on the instant real estate, the lease contract prepared as above is presented to the Plaintiff.

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