손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Determination as to the claim against the defendant B
A. The Plaintiff asserted that the Plaintiff borrowed KRW 350 million from Defendant B on May 30, 1997, from Defendant B, and completed the registration of the establishment of a mortgage over KRW 600 million with respect to KRW 7835,00,000,000,000,000,000,000 owned by the Plaintiff, as the mortgagee, E, a deceptive act of the Defendants as the mortgagee.
After all, the plaintiff paid the loan amount of KRW 400 million to the defendant B around November 1998 and around August 2003, and repaid the loan amount in full. The registration of establishment of a neighboring mortgage remains without cancelling the registration.
Around October 2005, Defendant B intended to purchase KRW 1300,000 among the above D forest and fields KRW 780,000,000,000, and the Plaintiff divided the 4,297 square meters of Fanju-si, Namyang-si, Namyang-si (hereinafter “instant 1 real estate”) from KRW 7835,00,000,000, and decided to register the ownership transfer in the form of auction to cancel the subordinated provisional attachment claim.
Accordingly, Defendant B received the transfer of the right to collateral security under the name of E on September 19, 2006 and received the bid for the first real estate in the same year after Defendant B received the bid for the first real estate in the amount of KRW 800 million on June 27, 2007, with the aggregate of KRW 200 million, which was added to the additional right to collateral security established under his own name on November 1, 1998.
7. 27. The registration of ownership transfer was completed.
Nevertheless, Defendant B did not pay to the Plaintiff capital gains tax of KRW 780,000 and KRW 285,868,370 to be borne by the Plaintiff.
Therefore, Defendant B is obligated to pay the Plaintiff KRW 1,065,868,370 (= KRW 285,868,370,000,000) due to damages caused by deception or restitution of unjust enrichment (=70,000,000).
The plaintiff claims KRW 50 million from among the claims.
B. In full view of the overall purport of the pleadings, the judgment of the court below is based on the evidence Nos. 1-1 and 3-1 of the evidence Nos. 1-1, and the purport of the entire pleadings, Defendant B’s maximum debt amount of KRW 600 million.