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(영문) 울산지방법원 2015.02.05 2014가합5681
손해배상(기)
Text

1. Defendant B and C: (a) KRW 340,00,000 for each Plaintiff and 5% per annum from September 4, 2012 to November 25, 2014.

Reasons

1. Determination as to claims against Defendant B and C

A. Although Defendant B and C did not have an ability or intent to transfer ownership of the Dong-gu, Ulsan-gu, U.S. E (hereinafter “instant land”) to the Plaintiff, Defendant B and C entered into a contract by deceiving the Plaintiff, as if they were to transfer ownership, to sell KRW 585 million of the instant land in KRW 720.45 square meters to the Plaintiff (hereinafter “instant contract”) and to receive KRW 340 million of the down payment and intermediate payment from the Plaintiff.

(b) Defendant B: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act): Defendant C: Decision based on the recommendation of confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act)

2. Determination as to the claim against Defendant D

A. (1) On August 2012, the Plaintiff visited the instant land on the spot with Defendant D’s guidance, and subsequently intended to purchase 720.45 square meters out of the instant land.

(2) On August 23, 2012, the Plaintiff met Defendant C, the agent of Defendant B, at the Licensed Real Estate Agent Office operated by Defendant D, and thereafter, the Plaintiff stated that “The instant land is currently the owner of Ulsan Metropolitan City, but the original owner of the instant land is the Hanjin Heavy Industries, Inc. (hereinafter “Korea Heavy Industries”), which is the money to be received from Hanjin Heavy Industries, which Defendant B operated, is merely the title trust of the instant land in Ulsan Metropolitan City, with the aim of acquiring the instant land as security. Korea Heavy Heavy Industries and this work are well resolved to the effect that “The registration of ownership transfer will be made without molding the title transfer prior to the scheduled transfer of the instant land in the name of Defendant B.”

(3) Accordingly, on August 23, 2012, the Plaintiff entered into the instant contract with Defendant B to purchase 720.45 square meters among the instant land. Defendant C as the down payment on the date of the instant contract, and the intermediate payment on September 4, 2012, KRW 284 million.

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