손해배상(기)
1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 185,620,163 and KRW 185,421,550 among them.
1. Basic facts
A. 1) On September 3, 2007, the Plaintiff entered into a sales contract between the Plaintiff and C and D (hereinafter “C, etc.”) and C and D (hereinafter “C, etc.”) as a joint seller.
B) Between the Dong-gun, Incheon Special Metropolitan City pole E, 579 square meters and F forest 579 square meters, G forest 579 square meters owned by C, and H forest 578 square meters [F, G, and H forests were merged into E forest on August 14, 2009, and the merged forest was changed into 2,294 square meters of I forest (hereinafter “instant forest”) after registration conversion on September 9, 2009, and the combined forest was changed into 2,294 square meters of forest (hereinafter “instant forest”).
[] When purchasing KRW 300 million, capital gains tax shall not be imposed on C et al., a joint seller, as a special agreement, and if capital gains tax is imposed on C et al., the Plaintiff agreed to assume all responsibilities (hereinafter “instant sales contract”).
2) On January 14, 2008, the Plaintiff received a proposal from K, the Defendant’s mother, “after establishing a social welfare foundation, the Plaintiff received national subsidies from the forest of this case.” On January 14, 2008, the Plaintiff was appointed as L’s representative, and K was appointed as L’s director.
3) On March 28, 2008, C, etc. received any balance under the instant sales contract from the Plaintiff, and thereafter, made an agreement between the Plaintiff and the Plaintiff on March 29, 2008 on the donation of the instant forest land to a social welfare foundation designated by the Plaintiff (hereinafter “instant agreement”).
On October 30, 2008, C et al. concluded the instant agreement with the Plaintiff on October 30, 2008, and prepared a certificate of property contribution to donate the instant forest to L designated by the Plaintiff. (B) The Plaintiff changed Articles 1 (Purpose) and 4 (Business) of L’s Articles of Incorporation around November 2008 to operate the welfare facility business for the aged using the instant forest in the name of L in order to operate the welfare facility business for the aged using the instant forest in the name of L, while amending the Articles of Incorporation to include the instant forest in the basic property of L.