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(영문) 대전지방법원 2021.01.19 2019가단114765
손해배상(기)
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. On May 15, 2016: D E 248, 674, 200, 26700, 467, 430 on April 15, 2016; DF No. 426, 650, 465, 003 352,212, 3500; 363636. 64. 63, 20636. 64, 206. 36. 8, 206, 206. 36. 36, 46. 8, 203, 206: HI No. 1,078, 50, 007, 807, 507, 0050, 1006, 206. 18, 206. 36. 36, 2016

A. From May 15, 2016 to November 8, 2016, the Plaintiff concluded a sales contract with 10 commercial buildings in the special autonomy of Sejong (hereinafter “each of the instant commercial buildings”) and paid the down payment as follows (hereinafter “each of the instant sales contracts”).

B. The Plaintiff, around 2018, recommended Defendant B to sell commercial buildings in lots to the Plaintiff, and, upon paying the down payment only, would resell the commercial buildings by attaching premium until the remainder is settled.

Recognizing that the sales contract of this case was concluded by deception, Defendant B was prosecuted on suspicion of fraud, etc.

On August 3, 2018, the prosecutor of the Daejeon District Public Prosecutor's Office issued a disposition that there is no suspicion on the grounds that "the suspect (Defendant B) deceivings the complainant (the plaintiff) or there is insufficient evidence to prove that there is a causal relation between the suspect's act and the dispositive act of the complainant."

(c)

The defendants are married couple.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, Eul evidence Nos. 2 and 3, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s assertion that the Defendants: (a) sold the commercial buildings in the special self-government of Sejong; (b) sold the commercial buildings to obtain considerable profits; and (c) concluded a contract with the Plaintiff for each of the instant commercial buildings, the Defendants would resell the commercial buildings by receiving premium at least before the remainder payment

The Plaintiff promised to the above commitment, and each of the instant commitments is believed.

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