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(영문) 의정부지방법원 2015.08.13 2014가단115179
손해배상(기)
Text

1. Defendant B Co., Ltd. shall pay KRW 100,000,000 to the Plaintiff and 5% per annum from September 11, 2010 to January 15, 2015.

Reasons

1. Basic facts

A. On February 24, 2010, the Plaintiff entered into a sales contract with Defendant B Co., Ltd. (former E Co., Ltd.; hereinafter “Defendant Co., Ltd.”) with the purchase price of KRW 100 million for Pocheon-si F and G forest land (hereinafter “each land of this case”) (hereinafter “instant sales contract”), and entered into a sales contract with the purchaser as H.

B. From February 24, 2010 to September 10, 2010, the Plaintiff paid KRW 100 million to the Defendant Company.

C. Meanwhile, at the time of the conclusion of the instant sales contract, Defendant C was the representative director of the Defendant Company, and Defendant D was appointed as an internal director on August 25, 2010.

On February 24, 2010, the Defendant Company received KRW 20 million from the Plaintiff as the down payment, and rendered on March 2, 2010, the Defendant Company set up a collateral security right, which is a debtor C, with respect to each of the instant land, to I on March 2, 2010.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. The gist of the Plaintiff’s assertion is that Defendant C and D would develop a single unit of land of this case at the time of the conclusion of the instant sales contract, and the Defendant Company would designate and develop Han River as a special tourist zone, and the road will be straightened as the fourth line, and the Defendant Company could have purchased each land of this case by deceiving the Plaintiff that the amount of approximately 4 to 5 times the value was set up within 1 and 2 years, while Defendant C and D will grow up to the fourth line of the land of this case. The Defendants, after receiving the down payment from the Plaintiff, filed an application for an auction with Plaintiff after having received the down payment from the Plaintiff, lost the Plaintiff’s ownership of each land of this case.

The plaintiff suffered damages equivalent to the land price. The defendant company is obligated to compensate for damages caused by default, return of unjust enrichment, compensation for damages caused by tort, and defendant C and D.

3. Determination

(a) Defendant company: deemed to be a confession.

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