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(영문) 부산고등법원(창원) 2015.01.08 2014나20649
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant C among the judgment of the court of first instance is revoked, and the plaintiffs are revoked.

Reasons

1. Basic facts

A. Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company engaged in real estate sales, sales agency, etc., Defendant D is the representative director of the Defendant Co., Ltd., and Defendant E is a person who actually operates the Defendant Co., Ltd.

B. A around 2011, Plaintiff A visited the Defendant Company to hear the investment explanation on the land of the Chuncheon-si, the Defendant Company sold in lots.

G, a representative counselor as employee of the defendant company at the time, and H (Plaintiff A's partner) who has been in charge of the sales of the defendant company, explained the plaintiff A about the sale.

C. On February 17, 2011, Plaintiff A entered into a contract with the Defendant Company to purchase KRW 198 square meters of the 1,719 square meters of I forest land in Chuncheon City (hereinafter “instant forest”) from the Defendant Company with the Defendant Company at KRW 11.4 million of the price.

(Evidence A No. 4). The Plaintiff paid the above payment to the Defendant Company by February 28, 2011.

Plaintiff

A on February 24, 2011, between the Defendant Company and the Plaintiff Company on behalf of the Plaintiff B, the Plaintiff Company entered into a contract with the Defendant Company to purchase 198 square meters of the forest land of this case at KRW 11.4 million.

(A) The above two contracts were collectively referred to as “instant contract.” The Plaintiff B paid the above payment to the Defendant Company by February 28, 2011.

E. On March 15, 2011, Defendant Company completed the registration of ownership transfer with respect to shares of 198/1,719 out of the instant forest land in accordance with the instant contract with the Plaintiffs.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 4, 5, 6, Eul evidence 7-1 to 4, 10-1 to 11-4, and the purport of the whole pleadings

2. Part concerning the claim against the defendant company

A. G and H, the employees of the Defendant Company, are employees of the Defendant Company, and the instant forest that the Defendant Company sells in installments to the Plaintiffs, is certain to be changed to the apartment site or commercial site by urban planning. Therefore, the Plaintiffs’ forest land in this case.

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