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(영문) 대구고등법원 2020.05.20 2019나23795
손해배상(기)
Text

1. The part against Defendant D among the judgment of the first instance is revoked, and the plaintiffs' claim corresponding to the revoked part is filed.

Reasons

1. Basic facts

A. Defendant C is well known as the H of the temple located in the G of the G of the G of the G of the G of the G of the G of the G, and the Plaintiffs are the said H physician.

B. Defendant D is the representative director of Plaintiff I (hereinafter referred to as “State”) who is engaged in real estate development and sales agency business, etc. Defendant E is the representative director of the J (hereinafter referred to as “J”) who is engaged in real estate rental business, sales agency business, sales agency business, etc., and Defendant F was the representative director of Defendant C’s second father from April 1, 2014 to May 7, 2015.

C. Plaintiff A entered into a contract with Defendant D to purchase co-ownership shares among four parcels of land located in Gangnam-si, Gangnam-si, as follows. From December 2013 to December 2015, Plaintiff A paid Defendant D KRW 217,000,000, out of total purchase price of KRW 244,000,000, from December 2015.

Evidence 1 L Shares 44/694 7,260,000 A4-5, 52 M Shares 630/2479 102,740,000 A4-6, 73 N Shares 622/62/6297 134,000,000,000 A6 4 O Shares 49/494 A6,000

D. Plaintiff B entered into a contract with Defendant D on the purchase of co-ownership shares among six parcels of land in Gangnam-si as set forth below. From February 2014 to June 2015, Plaintiff B paid Defendant D KRW 57,000,000, out of the total purchase price of KRW 616,000,000, from February 2015.

Evidence 1 P Shares 699/1398 135,00,000,00 A4-1, Q2 Q2-1, 78/778 15,000,00 A4-2, 83 L equity 52/694,646,000 A4-5, 75/2479 122,354,004-6, 95 NN 1578/6297, 335,00,00,000 A6O equity 124/494,000,000 A6O equity 124/494,000,000

E. As to the remaining co-ownership shares of the land purchased from Defendant D (hereinafter collectively referred to as “instant land”; the Plaintiffs and Defendant D, including each purchase and sale between the Plaintiffs and Defendant D, have the ownership transfer registration until February 23, 2016.

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