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(영문) 수원지방법원 여주지원 2018.06.20 2017가합5517
손해배상(기)
Text

1. The plaintiffs' primary claim and conjunctive claim against the defendants are all dismissed.

2. The costs of lawsuit shall be.

Reasons

Facts of recognition

On December 14, 2007, the Plaintiffs entered into a sales contract with Defendant C to purchase KRW 240,000,000 (hereinafter “instant sales contract”) the purchase price of KRW 1,808 square meters (hereinafter “instant land”) prior to Echeon-si, E-si, and paid the Defendant C the total purchase price of KRW 240,00,000,000 until February 5, 2008.

On the other hand, the Plaintiffs and Defendant C drafted the instant sales contract (No. 3) on July 5, 2008, which was the date of completing the ownership transfer registration on the instant land due to the transfer tax problem.

As a licensed real estate agent, Defendant E mediated the instant sales contract between the Plaintiffs and Defendant C, and Defendant D served as a brokerage assistant at G real estate brokerage office operated by Defendant E, while assisting in the instant sales contract.

The present status of the instant real estate was the blind land in the cadastral map, but there was a current road leading to a road through part of the instant H land in the Leecheon-si (hereinafter “instant present status road”).

The first president, through the J-Field Corporation, performed packaging construction on part of the present roads of this case, and the above packaging construction was conducted only before 3 meters from the land of this case.

On March 2016, the Plaintiffs filed a complaint against the Defendants against the charge of fraud. On August 17, 2016, the Prosecutor General of the Suwon District Prosecutors’ Office issued a non-prosecution disposition to the effect that the Defendants were suspected of having failed to comply with evidence.

The plaintiffs appealed against the above non-prosecution disposition. The prosecutor of the Seoul High Prosecutor's Office dismissed the appeal against Defendant D and E on December 16, 2016, and issued the second order to re-examine the defendant C.

On May 16, 2017, the prosecutor of the branch office of the Suwon District Prosecutors' Office, who received the order of re-investigation, issued a non-prosecution disposition against Defendant C again.

[Grounds for Recognition] A-1-5, 7, 9-11, Eul-2, 7, 8, Eul-1, 1, 2, 1, 3, 4, 4, 5.

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