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(영문) 부산고등법원 2015.12.03 2015나53018

손해배상 등

Text

1. The part concerning Defendant F in the judgment of the first instance, including the claim extended in the trial, is as follows:

Reasons

1. Basic facts

A. The parties’ relationship 1) L is a company with the objective of producing crops, selling real estate, and selling in lots. Defendant K is the representative director of the above company. Defendant F was the representative director of the above company. Defendant I and H are the directors of the above company. Defendant M Co., Ltd. (hereinafter “Defendant M”) is a company with the objective of leasing and developing real estate. Defendant G is the representative director of the above company. Defendant G is the above company, and Defendant H is the internal director of the above company.

3) Defendant G and K are married couple, and Defendant I are the children of the said Defendants. (b) Ulsan-gun, P through Q, R, S, T, U, and V land 10 lots (hereinafter “instant land”) were owned by the Seoul-do Saemaeul Association.

2) On December 27, 2006, L purchased the instant land from the W Saemaeul Association and completed the registration of ownership transfer on December 29, 2006. In order to secure the 2,500,000,000 won which was not paid out of the purchase price, L completed the registration of establishment of a neighboring Saemaul Association with the first priority collective security right holder on the instant land. The maximum debt amount of the said registration of establishment of a neighboring Saemaul Association was set at an amount calculated at KRW 100,000 per square year by converting the size of each land into the size of each land by horizontalizing the size of each land. (C) Since L application for the registration of establishment of a neighboring Saemaul Association and the right to collateral security transfer 1) failed to repay the remaining purchase amount to the W Saemaeul Association, on March 3, 2008, W Saemaeul Council applied for voluntary auction of the instant land based on the right to collateral security, L intended to voluntarily withdraw the auction by borrowing money from X andY.

2) L L borrowed KRW 2,500,000 from X,Y to require X-Y to repay the said KRW 2,500,000,000 on behalf of the W Saemaul Association. The W Saemaul Association transferred its own right to collateral security to X-Y, and completed a supplementary registration prior to X-Y on March 28, 2008. D. The Plaintiffs and L substantially operated L, but L actually operated the instant land.