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(영문) 수원지방법원 성남지원 2018.01.16 2016가합205690
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. From May 2005 to April 2006, Plaintiff A deposited KRW 304,50,000, and Plaintiff C deposited KRW 300,500,000 in each account under Defendant E’s name.

B. On July 20, 2009, the Plaintiffs deposited KRW 60,000,000 in total, each of the KRW 20,000,000 in the name of the G Union.

C. From April 2009 to October 201, 2010, the Plaintiffs deposited KRW 12,000,000 in total, each of the KRW 4,000,000 in the name of G Union.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The summary of the plaintiffs' assertion received money by deceiving the plaintiffs to purchase and resell the right of purchase for the plaintiffs although they did not intend to purchase the right of purchase for the plaintiffs as follows. The defendant Eul received part of the purchase price of the right of purchase with his own account and assisted and abetted the defendant Eul's tort by negligence by receiving a part of the purchase price of the right of purchase with his own account. The defendant F assisted the defendant Eul's tort as the representative of the "G Association", a partnership with no substance established by the defendant D to acquire the money of the plaintiffs.

Therefore, the Defendants are obliged to compensate the Plaintiffs for the damages of the same amount as the purport of the claim.

Defendant D could purchase and resell the purchase right of the purchase of the purchase right of the purchase of the purchase right of the purchase of the purchase right of the purchase of the purchase right of the purchase right of the purchase of the purchase right, and the purchase right of the purchase is possible immediately, and deceiving the plaintiffs. The plaintiff A and the plaintiff C deposited the purchase price of KRW 304,50,500,000 from May 2005 to April 2006 to the Agricultural Cooperative Account in the name of the defendant E designated by the defendant D as the purchase price of the purchase right of the purchase.

However, among the above sales rights, a considerable number of the above sales rights did not meet the requirements of the right to purchase the land for livelihood countermeasures, and Defendant D did not have an intention or ability to purchase the sales right for the plaintiffs.

B. The defendant D's contract bond will be as follows:

After receiving the purchase price for the right to purchase, it is greater to organize and resell the redevelopment association around December 2008.

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