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(영문) 서울고등법원 2020.08.21 2019나2032895
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

Defendant D’s KRW 4,107,361, and Plaintiff B’s KRW 4,106,978.

Reasons

1. The reasoning of the judgment of the court on this part of the basic facts is as follows: “A purchase was made” of 12 lines of 3 pages of the judgment of the court of first instance; 5 pages 13, and 14 lines of 5 pages 13 and 14; 2019No174, the appellate court (Sacheon District Court 2019No174) filed an appeal; however, the appellate court (Sacheon District Court 2019No174) was sentenced to the dismissal of the appeal; 2019No174); and 5 pages 15 lines [founded grounds] of the appellate court’s judgment on this part; thus, it is identical to the part of the reasoning of the judgment of the first instance except for the addition of the party’s personal examination on Defendant D. Accordingly, it is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the claim against Defendant D

A. In light of the fact that Defendant D, as an intermediary for the instant sales contract, did not perform the written statement that Defendant D would provide access roads to the instant forest to the Plaintiffs as a broker for the instant sales contract, but did not notify the Plaintiffs of the fact that there exist several graveyards in the instant forest, and that Defendant D was convicted of having caused damage by deceiving the Plaintiffs regarding the establishment of access roads and the existence of graveyards, thereby making payment of the purchase price, it is reasonable to deem that Defendant D had Defendant D enter into the instant sales contract by deceiving the Plaintiffs as to the establishment of access roads and the existence of graveyards, and thus, Defendant D is liable to compensate the Plaintiffs for damages incurred by the conclusion and implementation of the instant sales contract.

B. The damages suffered by the buyer due to the seller’s deception by purchasing the real estate at a high price is the difference between the market price and the purchase price at the time of the purchase of the real estate. After that, the buyer received compensation for part of the said real estate.

The purchase price shall be determined by the increase in the market price or the real estate price.

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