logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2020.11.13 2019가단126023
손해배상(기)
Text

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

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

Reasons

1. Facts of recognition;

A. On July 26, 2017, the Plaintiff entered into a contract with D to purchase KRW 510,000,000 (hereinafter “instant land”) of KRW 905,00,00,00,000 (hereinafter “instant contract”).

B. Defendant B introduced the instant land to Defendant C in the name of “(State H)”, along with “A, an individual of real estate in Scheon City F, as well as “B”, and Defendant C introduced the instant land to D, I, and J again, and had Defendant C purchase the said land from K and L, the owner of the said land.

C. However, as the instant land security loan was difficult to pay the remainder due to the lack of credit, D et al. concluded the instant sales contract with the Plaintiff on the ground that D et al. would sell the instant land as an intermediary of the Defendants, with the intention to resell the instant land unregistered.

The Plaintiff transferred KRW 50 million on the date of the instant contract to the account of M (Defendant C’s wife) and transferred KRW 50 million on September 6, 2017 to K account.

E. The plaintiff was above D.

After remitting KRW 100 million out of the purchase price of the instant land as prescribed in paragraph (1), as of July 25, 2017, the seller, as of July 25, 2017, entered into a sales contract for the registration of transfer of ownership, stating the purchase price as KRW 3.60 million, with K, L, and buyer as of July 25, 201, and the sale contract was entered into for the registration of transfer of ownership from K and L to N on September 6, 2017.

The Plaintiff paid 120,000,000 won to K by implementing a security loan on the instant land on the day of the transfer registration of ownership.

F. In addition, the Plaintiff transferred KRW 30 million to G on September 22, 2017, and transferred KRW 15 million on November 1, 2017 to the Defendant B ASEAN.

G. Meanwhile, on the other hand, on December 19, 2017, K applied for provisional seizure against the instant land by filing an application for provisional seizure against the claim, and on December 19, 2017, the registration of provisional seizure is based on the claim amounting to 2017Kadan4366 dated December 19, 2017.

arrow