손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. (i) The Plaintiff is the owner of the F forest land in Asan-si and 13,669 square meters (hereinafter “instant land”) as a clan with CCD’s 62 years of age as a joint ancestor E.
Luxembourg The Defendant obtained authorization on December 21, 2007, and completed the construction of golf courses in the first place, etc. on the instant land, and obtained approval for use on August 20, 2012, and operated the said golf course.
B. Around March 23, 2005, G’s land disposal (i.e., G, the Plaintiff’s head of the division) entered into a contract with the major shareholder H for sale of KRW 37,388 square meters of forest land (hereinafter “the instant sales contract”) at the time of the Defendant around March 23, 2005, and received KRW 300 million in total from the Defendant from the same date until November 3, 2006.
B. On the other hand, on May 7, 2007, the land before the subdivision was converted into 37,207 square meters of F forest, and F forest was divided into 23,538 square meters of the instant land and J forest on June 14, 2007.
On May 25, 2007, the Employer G changed the Plaintiff’s representative indication of the instant land in his name, and on June 14, 2007, the Defendant completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) with respect to the instant land.
x G returned the remaining KRW 190 million after subtracting the sales amount of the instant land from KRW 300 million paid to H. 10 million.
C. G A criminal judgment on February 25, 2009 (hereinafter referred to as “relevant criminal cases”) in the instant case including this Court 2008 Gohap43 on February 25, 2009
Article 25(1) of the Civil Code provides that "No person shall be convicted of any false entry in the original notarial deed or any false entry in the original notarial deed," and the above judgment became final and conclusive on August 13, 2009.
On March 17, 2011, the Defendant entered into an agreement with the Industrial Bank of Korea to set up a right to collateral security against the Industrial Bank of Korea for facility loans worth KRW 6.97 billion, and the Defendant and H secured the said loans.