손해배상(기)
1. All of the plaintiffs' lawsuits against the defendant are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. 1) The land owned by E and F in sectionally owned relation to D forest 84,298 square meters in Jung-gu, Incheon, Jung-gu, Incheon. During the joint ownership of the said real estate, E and F entered into an agreement between E and F on the completion of registration of ownership transfer for the specific portion directly to the buyer in the event F specified the location and area of the said real estate while selling the said real estate. 2) F entered into an agreement with G, H, I, J, K, and L to specify the location and area of the said real estate and to grant the registration of ownership transfer corresponding to the area purchased for convenience while selling the said real estate. The registration of ownership transfer was completed with respect to each share corresponding to the purchase area of the said real estate.
3) The entire shares of L were transferred to M and N, and the entire shares of M and N were transferred to M and P, and part of the shares of M and P were transferred to Q and the Plaintiff. 4,298 square meters of R-based D forest land in Jung-gu Incheon Metropolitan City, Jung-gu, Seoul, divided into KRW 1,565 square meters of land (hereinafter “R forest registration conversion”), KRW 3,306 square meters of land, KRW 914 square meters of land in T forest, KRW 36,364 square meters of land in V forest, KRW 36,364 square meters of land in V forest, and KRW 42,149 square meters of land in D forest (hereinafter “the area was reduced to KRW 35,338 square meters of land after the re-division procedure”). On December 28, 2005, E completed the registration of transfer of all co-owners’ ownership due to the termination of title trust on the above D forest 42,149 square meters of land.
Meanwhile, due to the division on November 6, 2006, the above V forest land of 36,364 square meters became 8,265 square meters, and Q and the Plaintiff completed the registration of transfer on the ground of the termination of title trust with respect to the above V forest land of 8,265 square meters on November 10, 206.
B. On August 5, 2002, the Plaintiff A borrowed KRW 300,000,000 from the Korea Saemaul Bank, which was subrogated by the Plaintiff, and provided shares of the Plaintiff and Q concerning forest land before the instant partition as collateral, and completed the registration of creation of a neighboring mortgage of the Plaintiff A, the obligor, as well as the maximum debt amount of KRW 390,00,000.
On May 12, 2003, the Korea Saemaul Fund borrowed KRW 230,000,000 from Plaintiff B.