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(영문) 수원지방법원 2015.10.27 2014가합11799

손해배상 등

Text

1. The Defendant’s KRW 369,50,000 as well as 5% per annum from November 13, 2014 to October 27, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On February 16, 2007, the Plaintiff entered into a contract with the Defendant to purchase KRW 400,000,000 of the shares of G 2314/11603 and H 1157/1160 of the shares of G (hereinafter “the shares of the instant land”) among the shares of KRW 791m2, D forest, 362m2, E forest, 863m2, F forest, and 646m2 (hereinafter “instant land”).

B. The Plaintiff paid KRW 369,500,000 to the Defendant out of the purchase price of the instant contract as follows.

Amount paid on March 22, 07, KRW 320,000,000 on May 3, 15, 007, KRW 13,000,000 on May 15, 107,000 on June 20, 207, KRW 3,000,000 on July 16, 16, 07,000 on August 16, 207, KRW 5,500,000 on August 12, 00,000 on October 30, 307, KRW 5,000,000 on October 30, 307, KRW 369,50,000 on a total of KRW 369,50,00 on December 31, 3007.

C. The Plaintiff borrowed KRW 300,000,00 from I, J, K, and L (hereinafter “I”) to raise the above purchase price. To secure this, the Plaintiff completed the registration by establishing a collateral security right with respect to the share of the instant land owned by G and H in the amount of KRW 450,000 with the maximum debt amount, and the debtor’s collateral security right with respect to the said share in the land owned by G and H, on February 22, 2007.

(hereinafter “instant collateral security”). D.

On July 20, 2007, H’s share in the instant land as to D, E, and F among the instant land was transferred to G due to partition of co-owned property on July 20, 2007, and G’s share in C among the instant land was transferred to H.

(B) The portion of the pertinent land owned after the partition of the co-ownership of the pertinent land is a “share in the instant land after the partition of the co-ownership”).

E. On October 24, 100, the Plaintiff failed to repay the borrowed money to I et al., the voluntary auction was initiated based on the instant right to collateral security. In this auction procedure (hereinafter “instant auction”), I et al. acquired the ownership of the instant land’s share after dividing the jointly owned property on January 17, 201.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 2, 3, and 5 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s land is the land of this case.