손해배상(기)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. The Plaintiff is a clan comprised of adult male and female members who jointly set up A, and the Defendant was a representative from the beginning of February 2011 of the Plaintiff.
B. On October 16, 201, the Plaintiff held an extraordinary general meeting and passed a resolution to sell real estate owned by the Plaintiff, including 45,926/127,573 square meters of D forest land owned by the Plaintiff, and 75/3256 square meters of 3,256 square meters of E, Chungcheongnam-si, Chungcheongnam-si, and F forest land 2,886 square meters of 3,256 square meters (hereinafter “instant real estate”) (hereinafter “resolution on the extraordinary general meeting of this case”).
C. On June 14, 2012, the Defendant concluded a sales contract on behalf of the Plaintiff on behalf of the Plaintiff on the grounds of the resolution of the special general meeting of G and the instant case (hereinafter “instant sales contract”). On the same day, the Defendant received KRW 75,600,000 from G to the J bank account in the name of the Defendant.
However, on June 28, 2012, Plaintiff H et al. filed a lawsuit seeking confirmation of invalidity of the resolution of the general meeting of this case against the Plaintiff on the grounds that it was null and void of the resolution of the general meeting of this case by Cheongju District Court 2012Gahap1122, and the Cheongju District Court rendered a judgment to confirm that the resolution of the general meeting of this case is null and void on May 2, 2013.
The Plaintiff appealed from the Daejeon High Court (Cheongju) No. 2013Na806, but the appellate court "the instant lawsuit was concluded on August 19, 2014 as the withdrawal of the Defendant's appeal on April 23, 2014.
“The instant sales contract was revoked, and the said judgment became final and conclusive on September 12, 2014.” Meanwhile, G does not present to the Defendant on August 20, 2012, an agreement to the effect that, by August 31, 2012, a lawsuit seeking confirmation of invalidity of the resolution of the extraordinary general meeting of this case as indicated in the instant paragraph (d) was withdrawn and the Plaintiff did not dispute the instant sales contract. Accordingly, the instant sales contract was revoked, and accordingly, a reasonable penalty for breach of contract and brokerage commission, etc. in addition to the down payment for damages.