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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Claim of this case
A. D was seeking to resell after purchasing 3,081 square meters in Sinsi-si, Sinsi-si. On May 14, 2012, D entered into a sales contract between the Plaintiff and the Plaintiff to “as to the purchase price of the said land, the Plaintiff would obtain permission for development activities and engage in civil engineering works, and shall sell the purchase price of KRW 1,80,000,000,000.” On June 12, 2012, D would establish a collateral security right on the said land as a collateral if it would make a prior payment for the Plaintiff, and would make a registration of ownership transfer by August 31, 2012, and received from the Plaintiff a total of KRW 180,000,000,000 from the Plaintiff by six times until June 12, 2012.
However, in fact D had no ability to perform development activities or civil engineering works, and it had already been set up two senior mortgages on the above land, so D acquired the above money by deceiving the plaintiff even though the plaintiff had no property value even if he had been set up the right to collateral security.
B. Around June 12, 2012, D served Defendant C as an employee of Defendant B, a certified judicial scrivener, at the time of deceiving the Plaintiff as above.
In that place, the Plaintiff’s husband F asked the Defendant C to “whether he can receive our money if it is wrong later,” and the Defendant C said that “I would be able to receive our money,” and that “I would be safe for KRW 1.1 billion to KRW 4.3 million to KRW 4.3 million to KRW 8,180 million to KRW 18,000.”
C. As above, Defendant C, which is merely an actual amount of KRW 540,000,00, committed a tort, and thereby caused damages equivalent to the total amount of the above purchase price to the Plaintiff, is liable to compensate for such damages pursuant to Article 750 of the Civil Act. Defendant C, as an employer, is liable to compensate for damages pursuant to Article 756(1) of the Civil Act.
Therefore, the defendants are obligated to pay to each plaintiff 180 million won and damages for delay.