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(영문) 대전지방법원 2015.11.19 2015가단206642
손해배상(기)
Text

1. The Defendants are jointly and severally liable to the Plaintiffs for KRW 135 million and Defendant C with respect thereto from October 7, 2014.

Reasons

1. Facts of recognition;

A. On February 11, 2010, F forest land No. 11907 square meters (hereinafter “land before subdivision”) was registered as G forest land registration conversion on February 11, 2010, and was divided as follows:

1) The first division: On March 16, 2010, 1 H forest land was divided into 7118 square meters (Therefore, the said G forest land was 4789 square meters.

(2) On March 17, 2010, the second division: 762 square meters of I forest, and 762 square meters of J forest, 717 square meters of J forest, 62 square meters of K forest, 729 square meters of L forest, 5 square meters of M forest, 622 square meters of M forest, 642 square meters of N forest, and 742 square meters of N forest were divided.

(7) Therefore, the above G forest land was 55m2). On the other hand, the plaintiff A, defendant C and E are as follows.

As seen in this subsection, each of the real estates listed in the separate sheet (hereinafter referred to as “each of the real estates of this case”) set forth in the decision of recommending settlement of January 17, 201 shall be as follows:

(a) Of the lands listed in paragraphs (1) and (2), the land is ① one hundred and sixty-three square meters from among the lands, ② the land, ③ the land, ④ the land, ④ the land, ⑤ the land (in the decision, ⑤ the land area is deemed to be a clerical error in the indication) and 7;

B. 1) In purchasing 8930.25 square meters of land before subdivision from E on May 12, 2009, the Plaintiffs indicated that Plaintiff B was the actual purchaser who paid purchase funds, Plaintiff A was the joint purchaser under the sales contract (other O also purchased jointly with Plaintiff A under the sales contract).

2) The sales contract between E and E as follows (hereinafter “instant sales contract”).

(E) The Plaintiffs concluded a contract. “E shall sell the purchase price of KRW 8930.25 square meters out of the land before subdivision to the Plaintiffs and theO as KRW 875 million, but the down payment of KRW 90 million out of the purchase price shall be paid KRW 260 million in the intermediate payment on June 25, 2009, and KRW 527.5 million in the remainder on September 8, 2009, respectively.” 2) The Plaintiffs shall pay to E the total sum of KRW 45 million out of the down payment on the day of the instant contract, as the intermediate payment, and KRW 135 million in the form of intermediate payment.

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