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(영문) 수원지방법원 2017.04.27 2015가단40766
손해배상(기)
Text

1. As to Plaintiff A’s 43,00,000 won, Plaintiff B’s 44,000,000 won, and each of the above amounts, from August 19, 2015.

Reasons

1. Basic facts

A. On June 17, 2004, Plaintiff A entered into a contract with the Defendant to purchase KRW 1653 square meters (8.0 million in the contract) of KRW 1653 square meters (hereinafter “the land before subdivision”) among the 19746 square meters (hereinafter “the land before subdivision”). On June 17, 2004, Plaintiff B entered into a contract with the Defendant to purchase KRW 1653 square meters (7.0 million in the contract) out of the land before subdivision of the land before subdivision of KRW 30 million, and each of the following special agreements was stipulated:

1. The buyer shall separately settle accounts for the costs of civil engineering works (design, measurement, all construction works, etc.) at the seller and pay the actual cost to the seller;

2. The purchaser shall separately settle accounts for all the construction expenses, such as the tax costs incurred by the Corporation and the expenses incurred by the government offices;

3.The road portion shall be paid in the future to the seller in sixty thousand won as near as the number of pages.

The price may be settled in advance for construction-related relations.

B. Around June 17, 2011, the Defendant sold to E the land of KRW 161 million (F land: KRW 80 million; KRW 81 million for G land; KRW 81 million for G land), which was divided into the land before the subdivision, to E., KRW 1494 square meters and KRW 1502 square meters before G. (hereinafter “instant land”).

C. However, the Defendant, as if sold the instant land to H in the amount of KRW 90 million, paid only KRW 74 million by deducting taxes, relay fees, etc. from the above amount.

The Defendant was indicted on the charge of the breach of trust of which the Defendant acquired property benefits equivalent to KRW 71 million ( KRW 161 million - 90 million) in violation of the duty to notify the Plaintiffs of the information about the purchase and sale price and to pay the purchase price normally, and suffered damages equivalent to the same amount to the Plaintiffs in violation of the duty to notify the Plaintiffs of the information about the purchase and sale price in the Youngcheon District Court’s Yeongdeungpo Branch’s Young Branch’s Young Branch’s Young Branch’s Young Branch’s Office, and was sentenced to two years of the suspension of execution on September 13, 2016 (the 2016 High Court’s order 12). The Defendant

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including the number of branch offices), and Eul.

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