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(영문) 광주지방법원순천지원 2014.07.30 2013가합3997
손해배상(기)
Text

1. Defendant C:

A. The Plaintiff A’s KRW 346,877,800 and the annual rate of KRW 5% from May 31, 2007 to July 30, 2014.

Reasons

1. Plaintiff A’s claim against Defendant C

A. On December 19, 2006, Defendant C is a Fel with the size of 353.6 square meters in lightyang-si and the 6th underground floor above, and the fel with the 2nd underground floor above the above ground (hereinafter “instant real estate”).

(2) On December 19, 2006, the Defendant C sold the instant real estate to Defendant D on behalf of the seller and completed the registration of transfer of ownership on the same day on the same day. The Plaintiff, a title holder, sold the instant real estate in KRW 1 billion and received all the sales amounts until May 30, 2007.

3) Defendant D acquired KRW 680,000,000 as the purchase price of the instant real estate, which was established on the instant real estate. Defendant D merely disbursed KRW 53,122,200 at the cost of paying public charges and returning the lease deposit with respect to the instant real estate, and did not pay the remainder of KRW 346,877,80 ( KRW 1 billion - KRW 68,000,000 - KRW 53,122,200) to Plaintiff A up to now. Ultimately, Defendant C, while having no intention or ability to receive the purchase price from the buyer, had Plaintiff completed the registration of ownership transfer on the instant real estate in the future, by deceiving Defendant D, without being able to receive the purchase price from the buyer, thereby preventing the Plaintiff from receiving KRW 346,877,800,00, which was part of the purchase price.

5) Therefore, Defendant C, as a tortfeasor, is obligated to pay to the Plaintiff 346,87,800 won and the amount equivalent to 5% per annum under the Civil Act from May 31, 2007 to the date following the date of payment of the agreed purchase price, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

2. Plaintiff A’s claim against Defendant D.

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