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(영문) 서울중앙지방법원 2020.08.18 2019가단5211105
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. Defendant F Co., Ltd. (hereinafter “Defendant F”)’s position as the Defendants was established on April 6, 2009 for the purpose of real estate sale, sale in lots, development, etc. on December 1, 2015, and was ordered to be dissolved on December 3, 2018. Defendant C was the actual operator of the Defendant Company, Defendant D was the internal director of the Defendant Company, and Defendant E were the auditors of the Defendant Company.

B. On March 26, 2010, Plaintiff A entered into a contract with Defendant Company to purchase KRW 661/47,962 of 47,962 of G forest land 47,962 square meters (hereinafter “instant forest”) in Chuncheon-si (hereinafter “the instant forest”). On April 8, 2010, Plaintiff A entered into a contract with Defendant Company for the purchase of KRW 76,60,000,000. On July 6, 2010, Plaintiff A entered into a contract for the purchase of KRW 47,962 of the instant forest land with KRW 19,000,000,000,000,000,000,0000,000 won. On August 9, 2010, Plaintiff A entered into a contract for the purchase of KRW 38140 of the said forest land.

C. On October 19, 2010, Plaintiff B entered into a contract to purchase KRW 3,1540,000 of the forest of this case (hereinafter collectively referred to as “instant contract”) with Defendant C’s explanation and instruction, and subsequently, Plaintiff B entered into a contract to purchase KRW 47,962 of the forest of this case with KRW 3,1540,00 (hereinafter referred to as “instant contract”). On October 21, 2010, Plaintiff B completed the registration for transfer of ownership as to the said portion.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4 and 5 evidence 1, 2, Eul evidence 1-1 and 2, and the purport of the whole pleadings.

2. Determination

A. The Plaintiffs’ assertion 1) The Defendant C’s deception of the instant sales contract is revoked by deception. (A) From August 2009 to October 2010, Defendant C had approximately 30 to 11:50 persons, including the Plaintiffs, at the head office of the Defendant Company located in Gangnam-gu Seoul Metropolitan Government H from August 2009 to around 10:00 each day, with approximately 10 to 30 to 11:00 each day, and placed a view on the pented building.

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