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(영문) 울산지방법원 2020.01.15 2019가단107622

손해배상(기)

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 46,128,600 won and its related amount from September 1, 2018; and Defendant B on May 27, 2019.

Reasons

1. Basic facts

A. On March 2, 2017, the Plaintiff entered into a sales contract with Defendant E (hereinafter “Defendant E”) with the Defendant Company to purchase KRW 198 square meters out of KRW 4450 square meters of forest land in Jeju-si (hereinafter “instant real estate”) at KRW 45 million (hereinafter “instant sales contract”).

B. After that, on January 17, 2018 between the Plaintiff and the Defendant Company, a sales contract was concluded between the Plaintiff and the Defendant Company to purchase 198/5769 shares in G forest G 5769 square meters (hereinafter “instant shares”) in Jeju-si, for KRW 4,410,000,000. The Defendant Company received the above sales price of KRW 4,41 million and completed the registration of transfer of ownership on the ground of sale on January 17, 2018, and the Plaintiff paid KRW 2,028,60,000,000, including acquisition tax, at Jeju-si, on February 7, 2018.

C. On April 16, 2018, the Defendants: (a) between the Plaintiff and the Plaintiff, and (b) concluded a promise with the Defendant Company to jointly and severally assume the Defendant Company’s obligations with respect to the Plaintiff (hereinafter “instant promise”) to compensate the Plaintiff for the principal, legal interest, and registration tax if the Defendant Company’s failure to cancel the registered collateral security and provisional attachment regarding the instant two real estate by August 30, 2018.

Meanwhile, after the transfer of ownership in the name of the Defendant Company on September 22, 2017, the instant 2 real estate had been registered by the purchaser of the instant 2 real estate including the Plaintiff. However, on January 19, 2018, the creditor H and I completed the provisional attachment registration on the instant 2 real estate on the same day based on the Jeju District Court 2018Kadan1003 provisional attachment order on the same day. The provisional attachment registration was revoked on July 8, 2019 on the ground that the provisional attachment registration was revoked on July 1, 2019.

【Non-contentious facts, Gap 1 through 8, Eul 1, Eul 1, Eul 1, the purport of the whole pleadings.

2. Determination

(a)the cause of the claim;