손해배상(기)
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. D Co., Ltd. 1) On June 9, 2004, D entered into a sales contract with D and J. 1) 1,025 square meters of E, 1,025 square meters of F forest and fields, and 1,240 square meters of H forest and fields (the aforementioned F forest and H forest were changed thereafter, but the area was changed thereafter; however, in the following, the entire three parcels of land is “the instant land” without distinguishing the area before and after the change.
(2) On October 23, 2007, D sold the instant land in the amount of KRW 2,343,000,000 to J on June 8, 2004, and received the down payment of KRW 300 million from the same day.
B. On January 28, 2010, the registration of ownership transfer in C’s name and the registration of the Plaintiff’s establishment of the Plaintiff’s neighboring mortgage 1) on the instant land, the registration of ownership transfer in C’s name (hereinafter “instant registration of ownership transfer”) based on the receipt of 6112 (No. 6112) from the Jung-gu District Court’s High Court’s receipt of the main registry office for Goyang-
(2) On May 6, 2010, the Plaintiff loaned KRW 1.6 billion to K on the same day, and entered into a mortgage contract with K as collateral on the same day. As to the instant land, the Plaintiff completed the registration of creation of a superficies (hereinafter “registration of creation of a superficies”) on May 10, 2010, consisting of the debtor K, the mortgagee, the Plaintiff, the maximum debt amount, 240,000,000, and the registration of creation of a superficies (hereinafter “registration of creation of a superficies”) on May 10, 201.
C. On January 28, 2010, D’s complaint against D and conviction 1) found D’s completion of the instant transfer of ownership on and around January 28, 2010, and demanded J to pay the balance. 2) D’s complaint was filed on August 17, 201 with J for fraud, fabrication of private documents, or uttering of a private investigation document.
3) On January 26, 2010, with respect to J, the J performed a sales contract for the transfer of ownership in the name of D by forging a sales contract for the transfer of ownership in the name of D, and the summary order of KRW 5,000,000 was finalized due to criminal facts (hereinafter above).