logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.04.03 2018가합40771
손해배상(기)
Text

1. The plaintiff's primary claim against the defendants is dismissed.

2. Defendant C shall pay to the Plaintiff KRW 98,598,444 and its amount.

Reasons

1. Basic facts

A. The plaintiff, E, F, and defendant D are their own wholesalers, and the defendants are their husband and wife.

B. On July 23, 1992, the Plaintiff, E, and F (hereinafter “Plaintiff, etc.”) entered into a sales contract with G and H (hereinafter “sellers”) to purchase the instant land at KRW 62 million between the Plaintiff, E, and H (hereinafter “instant sales contract”).

C. The Plaintiff et al. agreed to jointly purchase the pertinent land in order to obtain profits from the resale of the instant land in the future, and each of them bears KRW 32 million, F, F, KRW 25 million, and E, KRW 15 million, including purchase price and registration expenses. In the internal context, the Plaintiff et al. agreed to own the same percentage of shares in the instant land.

Around that time, the Plaintiff, etc. and Defendant C agreed to title trust the instant land to Defendant C (hereinafter “instant title trust agreement”). Accordingly, the Defendant C completed the registration for the transfer of all co-owners’ share of the instant land registered under the name of the seller on August 24, 192.

E. On June 27, 2017, Defendant C entered into a contract to sell the instant land in KRW 446,400,000 with K and completed the registration of ownership transfer with K on July 21, 2017.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1-1, 2-2-2-1, 5-2, Eul evidence 1-2, witness E's testimony, the party's personal examination result against defendant C, the purport of the whole pleadings

2. Determination as to the Plaintiff’s primary claim against the Defendants (a claim for agreed amount)

A. Separate from the title trust agreement in this case’s assertion 1, the Defendants sold the instant land to the Plaintiff, etc. on January 30, 2017, and paid the remainder after deducting various expenses, etc. incurred from the transfer from the price.

arrow