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(영문) 광주지방법원 2015.02.10 2014가단12961
계약금반환 및 손해배상청구
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion

A. The Plaintiff filed a claim for damages due to the Defendants’ nonperformance or tort with the actual representative of Non-Party F Co., Ltd. (hereinafter “F”) and the actual purchaser of the eight lots, including E-si G (hereinafter “instant land”) actually paid KRW 40,000,000 as sales contract amount to Defendant E.

On May 11, 2006, the Plaintiff concluded a sales contract with Defendant B and C’s agent to purchase the instant land in KRW 400,000,000, and paid KRW 40,000 to Defendant E. Around June 23, 2006, Defendant B and C completed the registration of ownership transfer for the instant land to Nonparty H.

In addition, Defendant B and C concluded double sales contracts on the instant land, and the Defendants suffered damages equivalent to KRW 80,000,000, which is the total amount of the sales contract deposit, due to false statements, etc. in the trial and investigation process. As such, the Defendants are jointly and severally liable for payment to the Plaintiff of KRW 80,000,000 as damages for nonperformance or tort.

B. Around May 11, 2006, Defendant B entered into a sales contract with Defendant B’s agent to purchase the instant land at KRW 400,000,000, and Defendant E paid KRW 40,000 to Defendant E. Around June 23, 2006, Defendant B completed the registration of ownership transfer for the instant land to Nonparty H.

The Plaintiff received F’s claim for the return of down payment from F around May 1, 2010.

2. Determination

A. As the Plaintiff asserted against the Defendants, even if the Plaintiff actually paid KRW 40,000,00 as the actual representative of F and the actual purchaser of the instant land, the damage claimed by the Plaintiff in light of the fact that the party to the sales contract on the instant land was F is the party F.

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