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(영문) 대구지방법원상주지원 2020.07.07 2019가단8480
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On December 21, 2010, the Plaintiff purchased a 106/291 share (32 square meters) among the 291 square meters (hereinafter “instant land”) of the 291 square meters (hereinafter “instant land”) from Dacheon-si, Leecheon-si, Gyeonggi-do (hereinafter “instant land”) in KRW 78.4 million and acquired the ownership on January 3, 201.

B. On November 3, 2016, the Plaintiff agreed to transfer ten of the instant land between the Defendant and the Defendant, and withdraw the complaint upon receiving KRW 23 million.

The Defendant paid the Plaintiff KRW 10 million on November 4, 2016, and KRW 13 million on March 9, 2018, and received the ownership of the said KRW 10,000 from the Plaintiff.

C. Around October 2016, the Plaintiff filed a complaint against the Defendant regarding the acquisition of shares in the instant land as fraud, but was disposed of on November 14, 2016 as no suspicion.

[Grounds for recognition] Gap 1, 2, Eul 1 through 7, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The plaintiff's assertion asserts that "If 106/291 shares out of the land of this case are purchased, 300 million won may be punished three years later," and that 78.4 million won shall be purchased at the defendant's false end.

B. The evidence submitted by the Plaintiff alone is insufficient to acknowledge that “the Defendant may impose a punishment of KRW 300 million after three years if he/she purchases shares of KRW 106/291 of the instant land to the Plaintiff or the Plaintiff’s mother E.”

According to the above facts and each evidence, the plaintiff's assertion is merely the defendant's subjective opinion that high-investment return is expected, there is no evidence that the defendant falsely notified the objective facts that form the basis of high-investment return opinion. The defendant first purchased part of the land of this case for investment purpose and recommended the plaintiff to make an investment. The size of the land of this case recommended by the defendant is 10 square meters, the defendant paid 23 million won to the plaintiff and paid 10 million won, and the plaintiff's investment loss as to that part is recovered. The fraud complaint case against the defendant related to the purchase of the land of this case against the defendant is acknowledged to be terminated as non-guilty.

. These circumstances.

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