손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. (1) On January 29, 1974, the Defendant purchased and owned C Forest land 23,964 square meters (hereinafter “C Forest land before division”).
Before the division, D forest land was divided into 833 square meters of D forest land on July 2, 2007 (hereinafter “D forest before the merger”), and on November 23, 2010, E forest land was divided into 2,473 square meters.
After that, the instant land is part of the part adjacent to the road at the bottom, among C forest land before subdivision, due to the combination of D forest land and E forest land before annexation on February 18, 2011 (hereinafter “instant land”).
Since H purchased through voluntary auction on August 2, 2018, it was re-divided on November 18, 2019, and the present registration conversion was made and became 2,783 square meters of land I for gas stations in Namyang-si, Namyang-si.
(2) On April 1, 2010, F in contact with Defendant clan (the president at the time at the time) with the intention to install a LPG charging station on the instant land, and purchased KRW 3,300 square meters (1,000 square meters) for the total amount of KRW 3,60,000 square meters of D forest land before annexation and KRW 833 square meters before annexation, and the down payment of KRW 300,000,000 on the date of the contract, and the remainder of KRW 3,30,000,000 for the land transaction permission was to be paid within 15 days after land transaction permission was acquired (hereinafter “the instant sales contract”). On September 3, 2010, F decided to purchase the instant land (3,306 square meters) for the same price by revising the terms and conditions of the contract partially on September 3, 2010.
B. (1) On November 18, 2010, F concluded a liquefied petroleum gas sales agency contract with the Plaintiff to be supplied with LPG, and F borrowed KRW 4,500,000,000 with related funds, KRW 1,000,000 on February 24, 2011, and KRW 70,000,000 on May 24, 201, each due date for repayment of KRW 70,000,000 on November 25, 201, and overdue interest at 12.5% per annum.
(2) In order to secure F’s obligation for the above loan to the Plaintiff, the Defendant’s clan made a joint security on November 18, 2010 with C forest land and D forest land before the merger as a joint security. < Amended by Presidential Decree No. 22490, Nov. 1, 2010>