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(영문) 대구지방법원 상주지원 2018.08.22 2017가단1492
대여금등
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. The Plaintiff, through a licensed real estate agent C, proposed the purchase of F land owned by D in Seopopopo City F through D, and in fact D did not have an intention or ability to sell the said land.

Nevertheless, the Plaintiff agreed to purchase the said land with the Defendant, and paid KRW 485.2 million in total to the accounts of the bus farming union designated by D from July 30, 2012 to December 26, 2012, as land purchase price, D sent only KRW 50 million out of the said money to E as down payment.

After that, D was prosecuted by Jeju District Court 2015Kadan739 as a crime against the Plaintiff, and was sentenced to imprisonment with prison labor for one year in the above court around October 23, 2015.

B. On October 29, 2012, around G, 827 square meters (around 250 square meters), around H 331 square meters ( around 100 square meters), around I, 661 square meters ( around 200 square meters), around J 860 square meters ( around 260 square meters), and around K 175 square meters ( around 53 square meters) were divided from the aforesaid F land.

(hereinafter referred to as “F”) each of the above lands divided by F shall be referred only to as the parcel number, and when all of the above lands is referred to as “Li land”.

After becoming aware of the occurrence of fraud from D, the Plaintiff and the Defendant decided to purchase Li land directly from E in total of KRW 360,170 million.

The Plaintiff, who was authorized by the Defendant, to proceed with the purchase procedure, paid E the remainder of the purchase price, excluding KRW 50,000,000, which was delivered by D.

On April 26, 2013, the registration of ownership transfer was completed for about 445 square meters in the name of the Defendant, including about 480/827 shares in G land (as approximately 145 square meters), about 100 square meters in H land, and about 200 square meters in I land, and about 347/827 shares in G land in the name of the Plaintiff (as approximately 105 square meters), about 260 square meters in J land, and about 53 square meters in K land.

On May 26, 2013, M among the defendant's shares in G land, the registration of ownership transfer was completed for M 397/827 shares (No. 120 shares) and N 17/827 shares (no. 5 shares).

E. The Defendant remitted money of KRW 00 million to the Plaintiff for the purchase of Li land, but the Plaintiff used the money for the purchase of real estate.

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