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(영문) 서울중앙지방법원 2020.05.12 2017가단5046284
손해배상(기)
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person who is engaged in the business of constructing officetels on the Seocho-gu Seoul Metropolitan Government and 10 lots (hereinafter “instant business”). Defendant B is a person who has aided the instant business site sales contract, and Defendant C was a person who has been an owner of the instant land E large scale 88.3 square meters and F large scale 454 square meters (hereinafter “instant land”).

B. On July 15, 2015, the Plaintiff drafted and issued a written confirmation to the Defendant B stating that “30 million won shall be paid in KRW 150 million after the completion of the implementation of the instant land, G, and D land contract, and the remainder of KRW 150 million shall be paid in advance.”

C. On September 24, 2015, the Plaintiff received from Defendant B the promise that “Defendant B, as a service provider for the instant project implemented by the Plaintiff, received KRW 100 million, which is a part of the service cost, under the landowner’s terms and conditions among the remaining land owners for whom the land sales contract was not concluded, H promises to complete the land sales contract on October 2, 2015, and Defendant C, on October 7, 2015.”

On the other hand, Defendant C sold the instant land to I Co., Ltd. (hereinafter “I”), and I paid the down payment of KRW 750 million to Defendant C on October 26, 2015.

The Plaintiff acquired the status of purchaser of the instant land from I in KRW 4 billion.

E. 1) Although Defendant B had a duty to purchase the instant land for the Plaintiff, the Plaintiff filed a complaint against the Defendants in breach of trust, fraud, etc. on the grounds that the Plaintiff offered information on the instant land to I and sold it to Defendant C in collusion with Defendant C, and had the Plaintiff acquire the purchaser’s status at a lower price than the market price. The Seoul Central District Prosecutors’ Office (No. 2017No. 616) on November 21, 2017, as to Defendant C’s violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (violation of Trust) by Defendant B, on the ground of the lack of evidence concerning breach of trust and fraud.

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