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(영문) 서울고등법원 2016.03.31 2015나14275

손해배상(기)

Text

Of the main part of the lawsuit against Defendant (Counterclaim Plaintiff) in the judgment of the court of first instance, the following amount is the amount ordered to be paid.

Reasons

Basic Facts

Around 202, D entered into a contract with E to exchange the instant house owned by D with a folklore store located in Songpa-gu Seoul. At the time, D bears the Plaintiff a debt equivalent to KRW 45 million, and D transferred the ownership of the instant house to the Plaintiff instead of paying the debt.

However, considering that it is inappropriate for the Plaintiff to acquire the ownership of the instant housing in his name as a non-permanent passenger, the Plaintiff agreed to complete the ownership of the instant housing in the future on May 2002 at the end of the consultation with Defendant B, and following the consent of D and E, on June 26, 2003, the registration of ownership transfer in the name of Defendant B was completed.

After the conclusion of the instant sales contract and the process of related civil litigation between G and Defendant B, H, a lessee of the instant housing, had contacted the Plaintiff in order to terminate the instant lease contract on or around March 2009 and refund the deposit amount of KRW 30 million, but did not seem to do so, demanded the Defendant B, a title holder of the instant housing ownership, to return the said deposit.

On March 25, 2009, the Plaintiff, who received the foregoing circumstances from Defendant B, sold the instant house and returned the said lease deposit with the purchase price. On March 25, 2009, the Plaintiff entered into a contract with G to sell the instant house in KRW 90 million (hereinafter “instant contract”). As to the payment of the price and the method of transfer of ownership at the time, he received KRW 5 million from G on the date of the contract, and first transferred the ownership of the instant house to G, and thereafter, he agreed that G would receive the remainder of the purchase price at the time when he received a loan by providing the instant house as security.

Defendant B also.