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(영문) 서울고등법원 2015.04.16 2014나30706
매매대금반환 등
Text

1. The plaintiffs' appeals against the defendants are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

purport.

Reasons

1. The reasoning for the court’s explanation on this part is that the corresponding part of the judgment of the court of first instance is identical to that of the judgment of the court of first instance, except where the “5m2” of No. 4 of the judgment of the court of first instance is “46m2.”

2. The plaintiffs' assertion

A. The plaintiffs entered into a sales contract with C or D with regard to I, J, and K Forest (hereinafter collectively referred to as "the land in this case") is due to the defendants' active solicitation for purchase by "the land price will be wide if developed." In addition, even after the conclusion of the sales contract, the defendants continued to be aware that "if a problem arises or is erroneous, it will be responsible for all of them." The above Defendants' words and actions should be viewed as the expression of joint and several sureties's obligation under the above sales contract with C or D.

Therefore, the Defendants are jointly and severally liable with C and D to compensate the Plaintiffs for damages equivalent to the purchase price they suffered.

B. In addition, even if the Defendants purchased the instant land to the Plaintiffs with insufficient experience, they interfere with the formation of correct awareness of the risks inevitably accompanying the transactional act by deceiving the price so as to make up, and, even though they are aware of the fact that the instant land is land with no forest land or that it is a state in which C, D and K forest ownership is not secured, the Defendants concealed such fact to the Plaintiffs, and actively recommended transactions involving excessive risks in light of the Plaintiffs’ situation, or actively mediating the sales contract by failing to confirm the situation of the object of the sale as a broker, by failing to properly confirm the situation of the object of the sale.

Therefore, it is reasonable to do so.

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