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(영문) 서울북부지방법원 2020.09.11 2019가단133759
손해배상(기)
Text

1. Each of the plaintiffs' claims is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On October 2015, the Defendant asked Plaintiff B of whether he/she wishes to sell KRW 4,073,80,000 of the purchase price and brokerage commission (hereinafter “the instant forest”) at KRW 433,80,00,000 in the aggregate of the purchase price and brokerage commission. At that time, Plaintiff B notified the Defendant that he/she wishes to purchase the instant real estate at KRW 1/2 of the purchase price and brokerage commission proposed by the Defendant, along with the Plaintiff A.

B. On October 6, 2015, the Defendant entered into a sales contract on the instant forest land with E, the owner of the instant forest, with the purchase price of KRW 246,00,000,00, and entered into a special agreement between E, who is the owner of the instant forest, and “the transfer of the registration at the time of payment to a person designated by the purchaser shall be the period during

C. The Plaintiffs are the amount excluding real estate acquisition tax, registration tax, etc. of KRW 433,800,000 from October 5, 2015 to November 5, 2015, under the name of the purchase price and brokerage commission of the instant forest land.

D. D.

Defendant and E shall be entitled to the forest of this case.

In accordance with the special agreement, the seller prepared a sales contract indicating the seller as the plaintiffs E and the buyer, and on November 11, 2015, the seller completed the registration of ownership transfer with respect to the forest of this case by using the above sales contract.

E. On November 16, 2016, Plaintiff B filed a complaint with the Seoul Labor Relations Commission on the crime that “In collusion with the Defendant and real estate brokers F, even though the purchase price of the instant forest was KRW 246,00,000,000, the purchase price of the instant forest was KRW 430,000,000, and acquired KRW 180,000 from the Plaintiffs from the Plaintiffs,” and the prosecutor of the Jeju District Prosecutors’ Office investigated the instant criminal charges and subsequently issued a non-prosecution disposition against the Defendant on April 14, 2017.

Plaintiff

B filed a complaint with the Gwangju High Prosecutors' Office No. 2011 on the non-prosecution disposition, but the complaint was dismissed on June 15, 2017, and the Gwangju High Court ( Jeju High Court) was issued to 2017 elementary finance56.

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