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(영문) 광주지방법원 2020.09.11 2020가합52127
손해배상(기)
Text

The Defendants jointly and severally against the Plaintiffs KRW 215,00,000 and Defendant C with respect thereto from March 13, 2020, and Defendant D with respect thereto.

Reasons

1. A (referring to “Defendant C”) and “B” (referring to “Plaintiffs”) purchase the instant site after the sales contract was concluded for the recognition of the fact that: (a) purchased the said land in order to obtain land development gains; (b) however, it is difficult to finance the said land; and (c) should first purchase the said land jointly with “A” and pay the said KRW 600 million as down payment and intermediate payment.

(A) The purchase price of the above land must be paid on December 10, 2018.

(B) As a special condition, the equity investment is to be made under the benefit of which the above sum totaling KRW 600 million was first paid for the down payment and the intermediate payment. “A shall be divided as “H, I” and “B,” and the land category preservation and management area shall be subject to registration conversion as site, and the land category preservation and management area shall be subject to construction of 4,000 square meters other than the legal surface. By December 30, 2020, A shall be divided into B, and shall be removed from the termination of the clean repayment of the registration injury, provisional disposition, seizure and establishment as to 4,00 square meters by December 30, 2020.

On October 10, 2018, the Plaintiffs: (a) drafted a “agreement on the special agreement on the trade after the conclusion of the sales contract regarding the F Forest and E, H forest and land owned by G, and I (hereinafter collectively referred to as “instant land”), which is a licensed real estate agent for Defendant C and E; and (b) paid KRW 200 million to Defendant C, the main contents of which are as follows.

On October 10, 2018, the Plaintiffs entered into a sales contract with J, other investors, for the instant land at KRW 2.8 billion, and received receipts that KRW 2.8 million was paid from the land owners G and E as down payment.

The Plaintiffs filed a complaint against Defendant C on the charge of “Fraud” upon the rescission of the instant land sales contract as an intermediate payment, and Defendant C entered into an agreement with the Plaintiffs on May 31, 2019 (hereinafter “instant agreement”).

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