손해배상(기)
1. Defendant B’s KRW 150,000,000 as well as 5% per annum from January 29, 2010 to April 10, 2018, and the following:
Basic Facts
On October 28, 2007, the Plaintiff entered into an exchange contract with Defendant B on the Plaintiff’s land and three lots of land (hereinafter “instant real estate”) and two lots of land and two lots of land (hereinafter “instant exchange contract”) at the time of industrialization owned by the said Defendant, E and two lots of land (hereinafter “instant real estate”) and F-gun G in Chungcheongnam-gun, Chungcheongnam-gun, F-gun, and two lots of land (hereinafter “instant exchange contract”).
The Plaintiff’s obligations under the instant exchange contract include the following:
1. The plaintiff shall transfer the right to construct neighborhood living facilities acquired with the land of H (forest) among the real property indicated above to the person designated by the defendant B, etc.
2. The total amount of the Plaintiff’s real estate’s obligation is KRW 800,000,000, and the items of obligation are as follows, and the obligation not specified in this Agreement shall not be transferred to the Defendant B, etc.
① 650,000,000 won (the maximum amount of claims 980,000,000 won) (2) 100,000,000 won for lease deposit ③ 50,000 won for provisional attachment by J
3. If Defendant B, etc. wishes to borrow funds by means of collateral collateral security or creation of other rights on the Plaintiff’s real estate, the Plaintiff shall deliver all necessary documents to Defendant B, etc.
Defendant B borrowed KRW 350,00,000 from K to secure the above loan obligation, on October 31, 2007, set the collateral security right as K with regard to the instant real estate as the maximum debt amount of KRW 525,00,000,000, the debtor B, and the mortgagee of the right to collateral security.
Defendant B’s above loan amount of KRW 150,000,000
A. (2) The deposit and provisional attachment mentioned in paragraph (3) have been repaid.
Defendant B obtained a loan of KRW 900,000,00 from L Cooperatives (hereinafter “L Cooperatives”) under the name of Defendant C, and established a collateral security interest by determining the maximum debt amount of the instant real estate as the maximum debt amount of KRW 1,170,000,000, and the debtor C and the mortgagee of the instant real estate on December 18, 2007, in order to secure the above loan obligations.
Defendant B is 650,000,000 among the above loans.