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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On February 27, 2011, the Plaintiff purchased 66m2 and 595m2 (hereinafter “instant land”) out of the 495m2 in Yongcheon-si F forest land from E (hereinafter “E”) (hereinafter “E”) in KRW 130,000,000 from the purchase price.
(hereinafter “instant sales contract”). Meanwhile, the Plaintiff and E stipulated in the instant sales contract that “In the event of any defect or problem in the exercise of rights to the instant land, E and D are responsible for the said defect or problem.”
B. On February 28, 2011, the Plaintiff paid KRW 13,000,000 out of the instant purchase price, and KRW 117,00,000,000 remaining on March 3, 201.
C. On March 4, 2011, E completed the registration of ownership transfer with respect to the Plaintiff on the portion of 66/495 out of the said G forest and the said F forest, respectively, according to the instant sales contract.
[Ground of recognition] Facts without dispute, Gap evidence, Gap evidence Nos. 3, Gap evidence No. 4-1, 2, 3, Gap evidence No. 5-1, Gap evidence No. 6-1, the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. Defendant B and C conspired to establish E, a planned real estate for the purpose of acquiring real estate investment funds from investors such as the Plaintiff, etc.
In addition, Defendant D recommended the Plaintiff to purchase the instant land, and the development plan for the instant land is planned and the road will be opened, so the market price is at least three times within at least three years, and the Plaintiff was deceiving the Plaintiff by false facts.
Since the Plaintiff was thereby leading to the instant sales contract, Defendant B, C, and D conspired to acquire the amount equivalent to the purchase price of the instant case from the Plaintiff.
Therefore, the Defendants, as joint tortfeasor, have a duty to jointly pay damages of KRW 136,573,400 in total, including KRW 130,00,000, which is equivalent to the purchase price of the instant land, and KRW 6,573,400, which is the registration transfer cost required for the transfer of ownership of the instant land.
In addition, even if Defendant D does not have a public invitation, it is by aiding and abetting.