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(영문) 대전지방법원 천안지원 2018.11.16 2017가합102726
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiff's assertion

A. Defendant H, as the owner of the real estate listed in the attached list, was the owner of the real estate indicated in the attached list, and the land number of which was changed to L forest was changed to March 24, 2017. Defendant H conducted the business of developing the land for electric source as the owner of the real estate in the attached list, and selling the site for electric source housing. The Plaintiffs were sold the land for electric source housing.

Defendant H had to complete the basic civil engineering work and the division of land before December 30, 2016 according to each sales contract with the Plaintiffs, but failed to perform it. Therefore, Defendant H is liable to compensate the Plaintiffs for the double amount of down payment.

B. When the plaintiffs' exercise of rights is anticipated, the defendant H committed a fraudulent act by completing the trust registration in Defendant I, his spouse, with respect to the real estate stated in the separate sheet, in order to avoid this.

Defendant H has no particular property other than the real estate indicated in the attached list, and the beneficiary has been established as Defendant H himself. The above trust registration constitutes a private trust under Article 8 of the Trust Act.

Therefore, the above trust registration should be revoked as a fraudulent act, and the defendant I bears the obligation to complete the registration of ownership transfer with respect to the real estate stated in the attached list to the plaintiffs.

2. The Plaintiffs’ claim is premised on the premise that the sales contract or the sales contract was concluded between the Plaintiffs and Defendant H, and therefore, there is no evidence to acknowledge it, and rather, according to the purport of each of the entries and arguments in the evidence Nos. 1 through 5, M, a real operator of J, a corporation, agreed to operate a business of developing the instant real estate into a housing site with Defendant H, the real owner of the instant real estate, but (a) agreed to operate a business of developing the instant real estate as a housing site (the foregoing business contract was terminated on or around August 18, 2016). However, it was agreed or authorized to enter into a sales contract for the instant land under Defendant H’s name and prepare the sales contract accordingly.

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