logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2020.03.27 2019가단103716
손해배상(기)
Text

1. The Defendants jointly committed against the Plaintiff KRW 58,800,000 and KRW 35,280,00 among them, from July 7, 2016 to KRW 11,760.

Reasons

1. Basic facts

A. On June 1, 2016, the Plaintiff was solicited from Defendant D to make an investment in the forest and fields located in Jeju-do. On July 1, 2016, the Plaintiff purchased 30 square meters from Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) for KRW 472 square meters in Jeju-si, from KRW 36,00,000. On July 6, 2016, the Plaintiff paid the purchase price of KRW 35,280,000 (720,000 at a discount from the said company) to the said company; on December 8, 2016 and January 26, 2017, the Plaintiff purchased 10 square meters out of the forest and fields at KRW 12,00,000 from each of the said companies; on December 7, 2016 and paid the said company the purchase price of KRW 10,000,000,000 from each of the said companies.

Defendant B is a defendant D and a punishment, and the representative director of the defendant corporation.

B. However, Defendant B completed the registration of ownership transfer as the Jeju District Court No. 114625, Oct. 21, 2016 on the ground of sale and purchase on September 27, 2016, and Defendant B completed the provisional registration of the right to claim ownership transfer as the Jeju District Court No. 116987, Oct. 27, 2016 on the ground of trade reservation on October 20, 2016.

C. The Plaintiff requested the Defendants to register the transfer of ownership in accordance with each of the above sales contracts, and the Defendants agreed on July 16, 2018 to the Plaintiff to register the transfer of ownership by October 30, 2018, but the Defendants failed to perform this up to now.

[Grounds for Recognition] The recommendation of confession under Article 150(3) and (1) of the Civil Procedure Act

2. According to the above facts, Defendant B and D did not transfer ownership to the Plaintiff despite the fact that the sales contract for the part of the above forest was concluded between the Plaintiff and the Defendant Company, and completed the registration of ownership transfer under the name of Defendant B, completed the provisional registration with Nonparty F, and completed the new sales contract without notifying the Plaintiff even after the provisional registration was completed with Nonparty F, and received the payment of the purchase price. In light of the above behavior of the above Defendants, the above Defendants were to be seen.

arrow