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(영문) 서울고등법원 2015.06.25 2013나50666
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against Defendant B and C shall be revoked, and the plaintiff's status corresponding to the revoked part shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff purchased the right to use land on the F of Chuncheon City F and 14 parcels with the involvement of the Defendants.

(B) The above land is “the instant land” and the right to use the above land is “the instant right to use the land.”

Defendant B, C, and D were indicted on January 31, 2012, and Defendant E was indicted as follows on January 7, 2013, respectively.

① In the facts charged against Defendant B, C, and D (hereinafter referred to as “Defendants”), the Defendants prepared a false contract, etc. as if Defendant B had the right to use the pertinent land in the amount of KRW 670 million with Defendant D, and attempted to obtain money from the victim A for the purpose of resale price. On February 24, 2006, the Defendants drafted a false sales contract for the said land.

Since the beginning of January 2006 to the end of February 2006, Defendant B and C told the victim to purchase the land of this case at KRW 670,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,00,000,00

In addition, Defendant D prepared a receipt as if he received a false purchase price without receiving the real estate purchase price from Defendant B, and delivered it to the victim.

However, in fact, Defendant B did not purchase the right to use the above land from Defendant D in the amount of KRW 670 million, and in principle, the right to use the above land cannot be transferred.

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