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(영문) 수원지방법원 평택지원 2018.06.28 2017가합11201
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff decided to purchase part of the shares of Pyeongtaek-si C, D, and E (hereinafter “instant real estate”) and concluded a title trust agreement with the Defendant for the purchase of the instant real estate (hereinafter “instant title trust agreement”).

B. As of November 9, 2012, the Defendant and another buyer (“F”) drafted a sales contract with the other buyer (hereinafter “instant sales contract”) to purchase the instant real estate in KRW 1,040,000 with the seller’s price as of November 9, 2012, and subsequently, the Defendant and the other buyer concluded each ownership transfer registration (hereinafter “instant ownership transfer registration”) by holding 70% shares and 30% shares of the instant real estate as of December 31, 2012.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1 to 3, Eul evidence 4-1 and Eul evidence 4-2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. At the time when the Plaintiff’s assertion was entered into the instant title trust agreement, the Defendant agreed to purchase 1/2 shares out of the instant real estate in the Defendant’s name. The Defendant, in collusion with F, arbitrarily discarded the instant sales agreement in violation of the said title trust agreement, and forged the real estate sales agreement to purchase 7/10 shares in the name of the Defendant, and purchased 3/10 shares in the name of F, and completed the registration of ownership transfer in the name of the Defendant exceeding the scope stipulated in the initial title trust agreement, and completed the registration of ownership transfer in the name of 3/10 shares exceeding the amount actually borne by F, and completed the registration of ownership transfer in the name of 3/10 shares, which are more than the amount actually borne by F. As such, the Defendant’s tort committed such as 325,00,000 won and acquisition tax, agriculture-specific tax, education tax, public charges, and registration fees, and thus, the Defendant is obligated to compensate the Plaintiff for the total amount of damages (= KRW 33,889,00,900.

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