손해배상(기)
1. The Plaintiff (Counterclaim Defendant)’s main claim against the Defendant (Counterclaim Plaintiff) B and the Defendant C Association, and the Defendant (Counterclaim Plaintiff)’s counterclaim B.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff as the parties is the owner of D Forest land 14,716 square meters (hereinafter “instant forest”).
As to the forest land of this case, Defendant B prepared relevant documents and submitted them to the competent registry office with respect to the establishment registration of a mortgage (hereinafter “instant mortgage registration”) consisting of the maximum debt amount of KRW 975 million, the debtor, and the mortgagee F, and the certified judicial scrivener affiliated with the Defendant C Association.
B. Around December 2, 2014, the preparation of a sales contract on the instant forest land (round December 2, 2014, 2014) stating that “The Plaintiff would purchase the instant forest land in KRW 1.2 billion at the second floor coffee shop located in Songpa-gu Seoul Metropolitan Government,” and that “the remainder KRW 1.1 billion would be paid as a down payment, and the Plaintiff would receive a loan by offering the documents for establishing the right to collateral to the instant forest as security from the bank in Jeju-do.” On that job, the Plaintiff and E (hereinafter “H”) operated by the Plaintiff and E (hereinafter “H”).
(3) As follows, the real estate sales contract concerning the forest land of this case (hereinafter “instant sales contract”) shall be deemed as follows; and the contract constituting the cause thereof shall be deemed as the “instant sales contract.”
- The settlement of real estate sales contract- 1.2 billion won: (a) the payment of the down payment of KRW 100 million at the time of the contract; (b) the payment of the remainder KRW 1.1 billion; and (c) the payment of the forest of this case within seven days from the date of the contract; (d) the creation of a collateral shall be made by H as the debtor with respect to the forest of this case; and (e) the amount of the establishment of the collateral shall be KRW 1.1 billion; (e) the Plaintiff shall provide H with the documents for the establishment of the collateral at the time of the payment of the down payment. - The down payment shall be made at the I Bank Bobol branch entrusted with H’s funding. - The remainder shall be issued a written confirmation of deposit payment at the I Bank Bobol branch of the Plaintiff, etc. (as of December 2, 2014) as if E