손해배상(기)
Defendant B’s KRW 88,429,747 as well as the Plaintiff’s annual rate of KRW 5% from November 9, 2017 to October 8, 2020.
1. Basic facts
A. On April 27, 2010, Defendant B transferred 500 square meters among the instant land owned by Defendant B to the Plaintiff, and in the event of selling the instant land, Defendant B agreed to sell it and settle the sales price, and the Plaintiff agreed to entrust Defendant B with the cultivation, management, and operation of the said 500 square meters (hereinafter “instant agreement”).
B. However, without the Plaintiff’s consent on September 6, 2017, Defendant B concluded a sales contract with each of the real estate listed in the separate sheet, including the instant land, owned by Defendant B (hereinafter “the instant real estate”) and the entire real property on the ground, with the purchase price of KRW 60 million, and the down payment of KRW 100 million among which is KRW 560,000,000,000 on the date of the contract, and the remainder of KRW 560,000,000,000,000 for each of the payments paid on November 3, 2017 (hereinafter “instant sales contract”). After receiving the down payment of KRW 100,000,000 from E, the Plaintiff transferred the down payment of KRW 100,000 to the Plaintiff’s F Bank account.
C. On September 12, 2017, Defendant C and D completed the registration of the right to claim ownership transfer on September 6, 2017 with respect to each of the instant real estate shares of KRW 1/2,000,000,000 as collateral for the instant real estate, and Defendant D applied for a loan of KRW 440 million to F Co., Ltd. (hereinafter “F Bank”) on October 15, 2017.
On October 25, 2017, Defendant C and D paid to Defendant B a balance of KRW 560 million with the money loaned by Defendant D from the F Bank. The registration of cancellation of each of the instant 1/2 shares out of the instant real estate was completed, and the registration of cancellation was completed on September 6, 2017, and the registration of transfer was completed on September 6, 2017 with respect to F Bank as the obligor D and the maximum debt amount of KRW 528 million was completed.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 15 (including branch numbers; hereinafter the same shall apply), Eul 3, 9.