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(영문) 서울고등법원 2015.04.01 2014나30720
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff was recommended by Defendant B that “D was authorized to sell 22,324 square meters of forest land in Gyeyang-gun, Gyeonggi-gu, Gyeonggi-do, E (hereinafter “instant forest”). The Plaintiff purchased the instant forest and made changes in the form and quality thereof, and, if sold, may bring a lot of profits to the Plaintiff.”

On July 2, 2004, the Plaintiff purchased the instant forest land at KRW 220 million with the co-defendant D (hereinafter “D”) of the first instance court, who represented E, during the Defendants’ attendance, and entered into a sales contract with the Plaintiff on July 2, 2004, on the day of the contract, the intermediate payment of KRW 20 million, and the intermediate payment of KRW 100 million, on July 30, 2004, and the remainder of KRW 100 million, respectively, to be paid on December 20, 2004 (hereinafter “instant sales contract”).

B. On July 2, 2004, the date of entering into the instant sales contract, the Plaintiff paid 100 million won of the down payment and the intermediate payment as a check to D on July 2, 2004, and on July 30, 2004, transferred the intermediate payment of KRW 20 million to Defendant C’s account in accordance with Defendant B’s order.

C. Since then, there was a dispute between the Plaintiff, the Defendants, and D as to the bearing of expenses incurred in changing the form and quality of the instant forest, and on April 30, 2005, the ownership transfer registration of the instant forest was completed in G in relation to the instant forest.

The Plaintiff cancelled the instant sales contract and demanded Defendant B and D to return the sales price, and returned KRW 50 million from Defendant B on December 19, 2005.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 3, Gap evidence 3, Eul evidence 7-1 and 7-2, the purport of the whole pleadings

2. The Plaintiff’s assertion Defendants recommended the Plaintiff to purchase the instant forest along with D, and conspired to divide the purchase price of KRW 120 million paid from the Plaintiff into two parts.

The Defendants, as the Plaintiff’s agent, and D, concluded the instant sales contract on behalf of the seller, on behalf of the seller, and received KRW 120 million from the Plaintiff.

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