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(영문) 서울동부지방법원 2017.11.09 2016가단102406
손해배상(기)
Text

1. The plaintiff's claim against the defendant B and C is dismissed, respectively.

2. Defendant D Co., Ltd.: 1.1.

Reasons

1. Basic facts

A. On July 1, 2015, Gyeonggi-do 4,286 square meters of forest land in Pyeongtaek-gun (around 1,296 square meters) was divided into 281 square meters of forest land as above, G 3,722 square meters of forest land as above (hereinafter “instant land before the instant partition”), and 283 square meters of forest land as above H forest.

B. Around July 13, 2015, the Plaintiff purchased 1.5 million won (i.e., KRW 1.5 million (i., KRW 1.5 million) from the date of entering into a contract with Defendant C (the representative director), which is called Defendant C (Defendant B)’s agent, in sequence, the amount of KRW 1,23,4,54,5,6, and 1 of the attached Form “Provisional Division” among the land before the instant partition. The Plaintiff drafted a sales contract with the following terms: (i) KRW 1.5 million (i.e., KRW 1., KRW 1.5 million) from the date of entering into the contract; and (ii) KRW 2,50 million from the sales amount; and (iii) KRW 5,500,000,000 from the sales amount; and (iv) KRW 5,500,000,000 from the remainder on July 21, 2015.

The above sales contract was added to the following special terms: “(1) the acquisition terms of the building permit, (2) the attachment of the “Provisional Division” (1), (3), 3, 5, 6, and 1 of the “Provisional Division” attached to the separate sheet: (3) the partial portion of the portion (3) is 150 square meters; and (3) at the time of the partial registration, the change to a new lot number

(hereinafter “instant sales contract”). C.

The Plaintiff paid the down payment of KRW 20 million to Defendant B’s account ( KRW 3 million in front of the conclusion of the contract, KRW 17 million in front of the conclusion of the contract) and the intermediate payment of KRW 150 million in total and KRW 170 million in total. D.

On September 14, 2015, the instant land before the instant partition was divided into 56 square meters of G forest 556 square meters, 595 square meters of the said G forest 595 square meters, E forest 417 square meters of forest 417 square meters (in the order of 126.14 square meters, referred to as “provisional partition map” in the attached Form 1, 2, 5, 6, and 1,634 square meters of J forest 1,634 square meters, and 520 square meters of K forest 520 square meters (including the portion on the ship connected each of the points of 6,5,8,7, and 6 attached Table).

On September 4, 2017, the said G forest land was divided into 278 square meters of the said G forest and 278 square meters of the said L forest and 556 square meters of the said G forest.

(hereinafter referred to as “E land, etc.”). . [Grounds for recognition] without dispute, Gap’s 1 through 3, 5, 6, 8, 11, 15.

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