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(영문) 울산지방법원 2016.12.07 2016가단52783
손해배상(기)
Text

1. Defendant C shall pay to the Plaintiff KRW 40 million and the interest rate of KRW 15 percent per annum from March 17, 2016 to the date of full payment.

Reasons

1. The Defendants, on July 28, 2005, completed the registration of ownership transfer with respect to each of 1/2 shares of F forest land 6,612 square meters (hereinafter “instant land”) divided in B-gu, Northern-si, Northern-si, Northern-si (hereinafter “instant land”).

2. Around June 14, 2005, Defendant B, G, and H concluded a sales contract with D to purchase the instant land at KRW 260 million with the purchase price fixed from D.

Defendant B paid KRW 100 million out of the purchase price, and Defendant C received shares of G and paid KRW 120 million out of the purchase price.

In order to maintain a sales contract, the Plaintiff acquired H’s shares and paid KRW 40 million out of the sales price.

The Plaintiff and the Defendants jointly purchased the instant land and agreed to distribute the sales price according to the shares after selling the land.

However, the Defendants did not sell the instant land for a long time, and Defendant B clearly expressed that the Defendants did not intend to implement the said agreement by filing a claim for cancellation of provisional registration completed in the future of the Plaintiff on the instant land.

Accordingly, the Plaintiff suffered damages equivalent to KRW 40 million, and the Defendants are jointly and severally liable to pay the said money to the Plaintiff.

3. Determination as to the claim against Defendant C

(a) Indication of claims: To be described in paragraph (2);

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

4. The Plaintiff purchased the instant land from Defendant B in collaboration with Defendant B and paid KRW 40 million out of the purchase price, solely on the basis of the evidence evidence Nos. 1 and 6 on the claim against Defendant B

It is insufficient to recognize that the Plaintiff and Defendant B agreed to sell the instant land and distribute the price thereof, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's assertion is not accepted.

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