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(영문) 청주지방법원 2017.04.06 2016가합20791
통장 및 장부 인도 등 청구
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Determination as to the claim for damages

A. The summary of the plaintiff clan's assertion 1) The remaining defendants except the defendant Eul (hereinafter referred to as "the defendants" in paragraph 1) are limited to "the defendants."

(2) On March 6, 2007, the Plaintiff’s former executive officers of the Plaintiff clan: (a) 52,364m2,364m2, L, forest land, and 19,865m2, M, forest land, and 1,953m2 (hereinafter “instant real estate”).

(2) In purchasing the Plaintiff’s clan’s name, the Defendant had had the Plaintiff paid KRW 30 million to the seller without confirming whether the graves installed on the instant real estate were removed according to the terms of the sales contract, and had the Plaintiff paid KRW 30 million to the seller without confirming whether the graves were removed. In addition, the Defendants had the Plaintiff paid KRW 30 million to the Plaintiff’s clan without confirming whether the graves were removed. In addition, the amount of KRW 32,531,530,640, which corresponds to the difference between the purchase price calculated excessively and the adequate purchase price.

3) Therefore, the Defendants are obligated to pay the Plaintiff’s damages totaling KRW 261,827,640 (i.e., KRW 231,827,640, KRW 30,000) to the Plaintiff’s clans KRW 100,000, which the Plaintiff’s clan claims for part of the Plaintiff’s clan, and damages for its delay. (ii) In full view of the purport of each entry and pleading of the evidence Nos. 2, 3, and 22 of the Plaintiff’s clans (including the branch number) as to the claim for damages equivalent to the difference in the market value, the Plaintiff’s clan purchased the instant real estate totaling KRW 730,00,000 on March 6, 207 and the Defendant who was the representative of the Plaintiff’s clan at the time of completing the development of the instant real estate on February 14, 2014, it is found that the Defendant prepared the above evidence No. 22, but is liable for the shortage.

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