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(영문) 수원고등법원 2021.02.03 2020나16507 (1)
손해배상(기)
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim is dismissed.

3. The total cost of the lawsuit.

Reasons

1. Facts of recognition;

A. On December 22, 2015, according to the Defendant’s father’s proposal, the Plaintiff purchased from the Defendant the part in which the Defendant’s co-ownership shares are expressed (hereinafter “land before the instant subdivision”) from the Defendant’s father, in the amount of KRW 500 million (hereinafter “sale in this case”), KRW 150,000,000,000,000,000,000,000) (hereinafter “the instant contract”). As a special stipulation, the Plaintiff pays all the expenses incurred by the seller in carrying out construction (residential, commercial building) by proxy the authorization and permission business for the construction business of the land before the instant subdivision.

“The content of the instant special agreement is written (hereinafter “instant special agreement”). The Plaintiff, on the day of the instant sales, remitted the down payment of KRW 150 million to the Defendant’s account under the name of the Defendant, and KRW 250 million out of the remainder to B’s account on December 7, 2016.

B. The land before the instant subdivision was divided into N andO, and the said N were divided into the Plaintiff’s wife I with respect to the said N land on December 22, 2016, and the ownership of the said O land was completed under the Plaintiff’s name with respect to the said O land, and the evidence No. 6-1 and No. 2 (each land ledger) entered as if the ownership was transferred on November 27, 2017 and December 4, 2017, but the certified copy of the registry entered as if the ownership was transferred on December 22, 2016.

Since then, the multi-family house was newly built one unit on each of the above lands, and each ownership preservation registration was made in the name of the I and the plaintiff on November 6, 2017.

On April 20, 2017, this Part B, on behalf of the Plaintiff and I, managed the affairs related to the construction of a multi-family house (hereinafter “instant construction”) on behalf of the Plaintiff and I, and entered into a respective construction management service contract on behalf of the Plaintiff and I for the instant construction cost of KRW 650 million.

[Ground for recognition] Facts without dispute, Gap evidence Nos. 2, 3, 4, 6, 7, 8, 10, 11 (including those with a number; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion and the judgment of this court

A. The Plaintiff’s assertion receives loans of KRW 140,000,000 from B for the instant construction project funds, and around February 2017.

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