손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion
A. The Defendant, as an actual owner of a building with a 709 square meters and its ground (hereinafter “along-gu real estate”) in Gyeonggi-do, entrusted the name of the registration to the Defendant, who is the birthee, and the Defendant was liable for the deposit for the deposit of KRW 150 million and the loan of KRW 180 million for agricultural loans of KRW 150 million in total real estate.
Around October 16, 2013, the Defendant entered into an exchange contract with D on an exchange with the content that the Defendant shall pay 10,000 won a difference between D and D, and that the Defendant shall exchange 2323mm2 (hereinafter referred to as “continuous real estate”) of the Gangwon-gun E, Gangwon-gun, Gangwon-do, the ownership of D, and at the time, the Plaintiff arranged the exchange contract.
B. The Defendant paid 10,000 won in difference to D pursuant to the above exchange contract, and completed the registration of ownership transfer on 30 October 2013 with respect to solar real estate.
On the other hand, D delegated the disposal to the Plaintiff without transferring the ownership of the two-dimensional real estate, and on October 21, 2013, the Plaintiff completed the registration of ownership transfer claim in the name of the Plaintiff as to the two-dimensional real estate.
C. On April 2, 2014, the Plaintiff entered into a sales contract with F with a total of KRW 1.5 million and KRW 3,300,000,000,000 for the total of KRW 1,550,000 for the deposit and KRW 1,80,000 for the agricultural loan, and received KRW 4,70,000 as the down payment.
However, on March 3, 2014 and June 9, 2014, G’s Gyeonggi Credit Guarantee Foundation, a creditor of G, executed provisional attachment on the same real estate. Accordingly, the Plaintiff was liable for damages not paid KRW 14,546,095, which is the mutual aid money due to provisional attachment out of the remainder of the purchase price of KRW 36 million from F, and the amount paid as the Defendant of the lawsuit filed by the Gyeonggi Credit Guarantee Foundation for the revocation of fraudulent act by the Gyeonggi Credit Guarantee Foundation, which was subject to the judgment of loss of compensation for value.
E. The above damages suffered by the Plaintiff are registered in the name of the actual right holder of the real estate.