logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원(전주) 2017.10.26 2016나10181
손해배상(기)
Text

1.The parts concerning Defendant B and C in the judgment of the first instance, including the claims modified and reduced in this Court:

Reasons

1. Basic facts

A. 1) The Plaintiff is entitled to seek reimbursement for a single house sale business: E forest land E 15,563 square meters (hereinafter “the instant forest land”) in Ysan-si.

2) The co-defendant F of the first instance trial (hereinafter “F”) is the Plaintiff’s wife, and the Defendant B, as the representative director of a limited liability company M (hereinafter “M”), was engaged in an engineering work.

3) F and Defendant B are the business of exclusively using the instant forest owned by the Plaintiff to develop the instant forest site into a detached housing site and selling the instant detached housing on that ground (hereinafter “instant sales business”).

(4) To this end, Defendant B planned to be pro-Japanese, Defendant C, and Defendant D, the subsequent jury, were the investors.

B. On March 22, 2012, the Plaintiff, F, and Defendants signed a sales contract (Evidence A 1) with respect to the project site on the same page as the following:

(hereinafter “instant sales contract”). Defendant D transferred the down payment of KRW 65,000,000 to the financial account in the name of the Plaintiff on the same day.

1) Seller: The seller: (a) the seller: (b) the sales proceeds of the instant forest 4); (c) the sales proceeds of the instant forest 658,000,000 KRW 65,000; (b) the intermediate payment of KRW 200,000 on July 22, 2012; and (c) the remainder payment of KRW 393,000,000 on October 22, 2012;

C. With respect to the instant forest land, the building report and the construction work F undertaken under the Plaintiff’s name regarding the instant forest land, the building report procedure for constructing a new individual house was conducted.

By April 2012, the Doksan City received a report on the building of the mountainous district conversion consultation site in order, and accordingly, the defendant B carried out the construction work of the site of detached house.

The F, who did not have sufficient means to pay the purchase price under the instant sales contract for the sale of the forest in this case, proposed that “F would divide the forest in this case into several parcels and pay the purchase price to the Plaintiff with unregistered amounts of money sold.”

The plaintiff accepted this and accepted it to F.

arrow