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(영문) 의정부지방법원고양지원 2016.10.12 2015가합2423

손해배상(기)

Text

1. The plaintiff's successor's motion for intervention shall be dismissed.

2. Defendant C Co., Ltd. shall be KRW 500,000,000 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, on December 7, 2009, entered into a sale agreement with Defendant C Co., Ltd. (hereinafter “Defendant C”) for the purpose of warehouse business, etc. and each real estate listed in the separate sheet (hereinafter “instant sales agreement”). Since the real estate listed in paragraph (13) of the separate sheet among each of the above real estate is forest within the land transaction permission zone, Defendant C, a corporation, cannot acquire the ownership of the headquarters, Defendant C, a corporation, as a forest within the land within the land transaction permission zone, the Plaintiff entered into a sales agreement on each real estate listed in the separate sheet (hereinafter “instant real estate”). As such, Defendant C, instead of issuing a promissory note of KRW 100 million to the Plaintiff, would complete the registration of the establishment of the neighboring real estate listed in the above paragraph (13) in the name of Defendant C, and entered into a sales agreement on each real estate listed in paragraphs

B. Under the instant trade agreement, the Plaintiff and the Defendant C concluded a sales contract with the purchase price of KRW 3.85 billion for each of the instant real estate on December 7, 2009, setting the sales price of KRW 2.6 billion. Of the intermediate payment, the Defendant C received a loan from each of the instant real estate as collateral and repaid the principal and interest of the loan. The Plaintiff agreed to cancel the registration of the establishment of each of the instant real estate, an agricultural cooperative, the mortgagee, the mortgagee of the Hanyang-gu District Court, the Goyang-gu District Court, the 5040 on June 8, 2007, when the Plaintiff received an intermediate payment of KRW 2.40 billion from the Defendant C, to pay the principal and interest of the loan. The Plaintiff agreed to cancel the registration of the establishment of each of the instant real estate, the debtor, the Plaintiff, the maximum debt amount of KRW 2.

C. After receiving a promissory note amounting to KRW 100 million from Defendant C in accordance with the instant trading agreement, the Plaintiff completed the registration of establishment of a mortgage with respect to the real estate stated in paragraph (13) of the attached Table No. 13 of the attached Table to Defendant C as the High Government District Court of Gyeyang-gu Office of Seoul District on December 9, 2009, No. 85511, the maximum debt amount of KRW 120 million, and the debtor, the Plaintiff.

The Plaintiff and Defendant C among the terms and conditions of the sales contract set forth in the above B B on December 17, 2009, each of the instant cases by Defendant C.