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(영문) 부산지방법원 서부지원 2021.01.14 2019가단5909
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On July 209, the Plaintiff: (a) recommended the purchase of D Forest land 96 square meters (hereinafter referred to as “the instant land No. 1”); (b) E forest land 1,344 square meters (hereinafter referred to as “the instant land No. 2”) in leisure time owned by the Defendant Co., Ltd. (hereinafter referred to as Nonparty Co., Ltd.) working for the Defendant; (c) concluded a sales contract on July 23, 2009 with respect to the instant land No. 331 square meters in the name of Nonparty Co., Ltd. and the instant land No. 1; and (d) 41,710,000 square meters in total among the instant land No. 2.

On August 21, 2009, the Plaintiff paid 41,710,000 won to the non-party company with the purchase price, and paid 331/96 shares of the land No. 1 in the name of F on August 21, 2009 as to the share of 3/1344 out of the land No. 2 of this case.

On August 18, 2009, the Defendant registered the transfer of ownership for 35,660,290 shares of 334/96 shares in the instant land among the instant land on August 18, 2009, and registered the transfer of ownership for 35,660,290 shares in the transaction value, and transferred the ownership for 33/133 shares in the instant land No. 2 on the basis of the transaction value.

Meanwhile, the purchase price of the Plaintiff according to the publicly notified land price at the time the Plaintiff purchased the instant land Nos. 1 and 2 is KRW 2,090,260.

On August 2009, the Plaintiff was converted from the Defendant into G forest (H forest 5,660 square meters on September 14, 2009, and was divided into 3,499 square meters on September 18, 2009, and 2,161 square meters of H forest.

On August 10, 2009, the said I Forest Land was recommended to purchase the said land “No. 3” and the said H Forest Land “No. 4” (hereinafter “instant land”). On August 10, 2009, a sales contract was concluded between J ( deemed dissolution) and 347 square meters among the said land (including the portion of the road after the land rearrangement) on the purchase price of 43,795,00 square meters.

The Plaintiff paid the purchase price of KRW 43,795,00 to the said company, and paid KRW 43,795,000 in F’s name on October 14, 2009 with respect to the share of KRW 347/2161 among the real estate No. 3 of the instant case, and on April 12, 2010, on April 12, 2010, owned the ownership of KRW 40/349 among the instant

The defendant also held on October 14, 2009.

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