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(영문) 서울남부지방법원 2019.10.10 2018가단223690
손해배상(기)
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. The gist of the Plaintiff’s assertion was that, around April 2016, the Plaintiff lived with Defendant B, and around August 2016, Defendant C, his wife, Defendant B and Defendant B, were a foreigner at the time when the Plaintiff and Defendant B resided, and thus, the Plaintiff could not obtain a loan under the Plaintiff’s name, as the Plaintiff was a foreigner, and thus, the Plaintiff could not obtain a loan under the Plaintiff’s name. Accordingly, the Plaintiff was urged to purchase the said apartment in the name of Defendant C to transfer the Plaintiff’s ownership. Accordingly, the Plaintiff paid the down payment of KRW 380 million out of the purchase price of the said Gwangju apartment in cash.

In addition, Defendant D, a member of Defendant B and Defendant B, was waiting for the foregoing Gwangju apartment sold on or around November 6, 2017, and the Plaintiff and Defendant B purchased the Guro-gu Seoul Building Hho (hereinafter “instant loan”) to reside together with the said Gwangju apartment, and the Plaintiff could not obtain a loan under the Plaintiff’s name as the Plaintiff was a foreigner and thus, the Plaintiff could not obtain a loan under the Plaintiff’s name. Accordingly, the Plaintiff enticed the Plaintiff that he would transfer ownership to the Plaintiff. Accordingly, the Plaintiff paid KRW 130 million out of the said G loan purchase price of KRW 275 million.

The Defendants, even though they did not intend to transfer the ownership of each real estate of this case to the Plaintiff, were deceiving the Plaintiff and received the said money from the Plaintiff. As such, Defendant B, and C jointly have the obligation to jointly pay the Plaintiff the damages amounting to KRW 35 million, Defendant B, and D, the damages amounting to KRW 130 million and the damages for delay.

2. Comprehensively taking account of the overall purport of the arguments in the written evidence Nos. 2, 3, and 1 and 2 of the judgment, the following facts can be acknowledged: (a) the Plaintiff and Defendant C had liveded for about two years from April 2016 to around two years; (b) Defendant C sold the instant apartment in lots in KRW 340 million; and (c) Defendant D purchased the instant loan in KRW 275 million and completed the registration of ownership transfer on February 12, 2017.

However, the foregoing.

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