손해배상(기)
1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff), Defendant C, and D are dismissed.
2. The appeal costs.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The following facts may be acknowledged either as a dispute between the parties or as a whole by taking account of the respective descriptions of Gap evidence Nos. 1, 2, 3, and 6, Eul evidence Nos. 1 to 4, Eul evidence Nos. 1 and 2, and the whole purport of pleadings:
The plaintiff is a clan consisting of descendants who are 19 years of age for E's 19 years of age for G as a joint ancestor.
B. From around 1966 to January 18, 2012, Defendant B was a member of the Plaintiff clan and its representative, Defendant C was a member of the Plaintiff clan, and Defendant D was aware of it with Defendant B.
C. On February 7, 2013, on the ground that the Defendants committed the same criminal act as the facts charged (hereinafter “principal facts charged”), the Defendants were indicted for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), etc. of Specific Economic Crimes. On June 28, 2013, the Defendants was sentenced to not guilty (Tgu District Court Decision 2013Gohap6, Jun. 28, 2013; hereinafter “the judgment of acquittal in the first instance of the relevant criminal case”).
【The Defendants: (a) conspired to sell KRW 33,058 square meters of H 66,151 square meters of forest land (hereinafter “the instant forest”) which Defendant B kept under the title trust with the Plaintiff’s clan to the Plaintiff; (b) received KRW 800 million from I until April 10, 2008; (c) sold the remainder of KRW 330,093 square meters of the instant forest land to I around November 5, 2009; (d) sold the same KRW 10,000 won of the instant forest land to I; and (e) received KRW 320,000,000 won of the instant forest land after reducing the purchase price from the Plaintiff’s clan on December 1, 2009; and (e) filed a report on the difference between the Plaintiff and the Defendant’s 300,000 won of the instant forest land by taking account of the purchase price of KRW 11,30,000,000.
On July 3, 2013, the prosecutor filed an appeal against the judgment of innocence in the first instance of the relevant criminal case, and then the appellate court proceedings are conducted.