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(영문) 서울중앙지방법원 2020.04.17 2019가합532736
손해배상(기)
Text

1. Defendant D Co., Ltd.:

A. The amount of KRW 95,00,000 to Plaintiff A, and each of the above amounts is KRW 100,000,000 to Plaintiff B.

Reasons

1. Basic facts

A. Defendant D Co., Ltd. (hereinafter “Defendant D”)’s status as the parties is a corporation with the objective of real estate development business, etc., and the Plaintiffs are the persons who purchased the land from Defendant D.

The defendant FF Association (hereinafter referred to as the "Defendant Association") carries out the mutual aid program to compensate for the damages of affiliated certified judicial scrivenerss, and the defendant E, a certified judicial scrivener, was admitted as a member of the GF Association operated by the defendant Association.

B. On August 4, 2017, Plaintiff A entered into a land sales contract between the Plaintiffs and Defendant D (hereinafter “instant land 1”). Plaintiff A’s forest land from Defendant D (hereinafter “instant land”).

(2) Of the instant land sales contract, the Plaintiff concluded a land sales contract to purchase KRW 379 square meters at KRW 95 million and the remainder of KRW 85 million on August 31, 2017. (2) On August 4, 2017, Plaintiff B entered into a land sales contract with Defendant D to purchase KRW 377 square meters out of the instant land as KRW 100 million and paid KRW 100 million on the same day the down payment was paid to Defendant D on August 31, 2017.

3) On August 4, 2017, Plaintiff C’s forest land I (hereinafter “instant land II”) from Defendant D, Jinsi-si (hereinafter “instant land”).

(4) On September 3, 2017, Plaintiff C entered into a land sales contract with the purchase price of KRW 385 square meters as KRW 45 million and the remainder of KRW 40.5 million on the same day, which was August 31, 2017, with Defendant D paid KRW 45 million to Defendant D. 4) On September 3, 2017, Plaintiff C entered into a land sales contract with Defendant D to purchase KRW 677 square meters in Jin-si (hereinafter referred to as “instant land”; including the instant land Nos. 1 through 3, hereinafter referred to as “each of the instant land”). On the same day, Plaintiff C paid KRW 8 million to Defendant D the remainder of KRW 72 million on October 13, 2017.

5 Article 3 (1) of the above Land Sales Contract shall have limited real rights established on real estate for the purpose of sale and purchase.

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