손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts (applicable for recognition: Fact that there is no dispute, evidence No. 15, evidence No. 15, evidence No. 1 through 3, each entry of evidence Nos. 5 and 9, and purport of the whole pleadings);
A. The Plaintiff is the representative of D Co., Ltd. (hereinafter “Nonindicted Company”) for the purpose of real estate development, real estate consulting business, etc. in Songpa-gu Seoul Building and 216 (hereinafter “instant commercial building”). The Defendant was a person who runs real estate brokerage business on the first floor of the instant commercial building with the trade name “E real estate” from July 2012 to April 15, 2014, and was in office as an internal director from July 201 to April 2014.
B. One person, including the Plaintiff, the Defendant, and F, purchased 1,477 square meters prior to Pyeongtaek-si G on March 9, 2012 and completed the joint ownership registration on May 3, 2012, the Plaintiff, the Defendant, and F, jointly purchased 11 square meters of H road on March 9, 2012, and completed the joint ownership registration on May 3, 2012. On July 5, 2012, the said G 1,477 square meters divided into 760 square meters prior to G and 717 square meters prior to G and completed the registration of co-ownership transfer on July 9, 2012 with respect to the said 717 square meters prior to G.
(hereinafter referred to as “instant land” by aggregating the area of 717 square meters and H road 11 square meters prior to I.D.
In order to pay the purchase price of the instant land, the Defendant borrowed KRW 120 million from F on April 30, 2012. To repay the said loan, the Defendant: (a) on July 26, 2012, registered the establishment of a neighboring agricultural cooperative, the debtor, the mortgagee, and the mortgagee of the right to collateral security; (b) on July 27, 2015, borrowed KRW 140 million from Pyeongtaek Agricultural Cooperative as the due date for repayment; and (c) on the repayment of the loan to F, lent KRW 100 million to the Plaintiff the remainder of KRW 40 million.
On February 2, 2015, the Plaintiff completed the registration of the establishment of a mortgage, which is the non-party company, the mortgagee company, the right to collateral security, and the non-party company, the right to collateral security, with respect to the Plaintiff’s share in the instant land.
2. The plaintiff's assertion and judgment
A. The defendant's false facts.