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1. The Defendant’s KRW 11,020,00 for the Plaintiff and 5% per annum from January 6, 2011 to November 6, 2014.
Reasons
1. Facts of recognition;
A. On August 2010, the Defendant purchased this land from the Plaintiff, “I want to purchase this land even if I turned into the land in the East Sea C at the same time.” The Defendant purchased the land as above. The entire land in C, D, E, and E may be purchased at an amount of KRW 30 million. The inside of the Republic of Korea means that D, E, and Singu shall be called “C Land D,” and the Plaintiff was delegated with the authority to purchase the said land by the Plaintiff.
B. However, around August 18, 2010, the Defendant already concluded a land sales contract with the owner D and E to purchase KRW 35 million per square meter, and paid KRW 5 million as a down payment, upon entering into a land sales contract with the Defendant to purchase KRW 35 million per square meter, the total land of the said three parcels [C = 1,676 square meters (per 506 square meters), D = 281 square meters (per 85 square meters), E = 4,334 square meters (per 1,31 square meters), and total sum of 62,91 square meters].
C. On November 24, 2010, the Defendant did not notify the victim of the above fact, and, on the other hand, issued a false statement to the Plaintiff that “the land owner shall pay any balance to the owner of the land. The remainder of the money that has been given out of the loan, once now, shall be given in 98,00,000 won.” On November 28, 2010, the Plaintiff “the land owner shall raise the value of the land to the development of the mine.” The appraisal is 30,000 won per square day, and the market price is formed in 30,000 won per square day. The C-land value includes 20,320,000 won, and 203,000 won, etc.”
However, as above, the Defendant purchased the said three parcels of land from G in the aggregate of KRW 35 million per square meter. As such, the actual purchase price for the said portion of land was less than KRW 9,300,000,000. At the time, the officially announced price of the said land was only KRW 4,00 per square meter.
E. As can be seen, the Defendant deceivings the Plaintiff by means of not notifying the Plaintiff of the actual purchase price of the above three parcels of land, and its affiliation from the Plaintiff on November 24, 2010.