손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On August 21, 2008, the Plaintiff, the Defendant, C, D, E, F, G, and seven persons (hereinafter referred to as “Dong Hos”) decided to jointly purchase the housing site in order to build the same-minded housing after departure from Korea, and accordingly, purchased approximately 3,140 square meters (hereinafter “instant real estate”).
B. At the time, the same person in the real estate 3,140 shares the Defendant’s 1,200 square meters, the Plaintiff’s 640 square meters, C’s 400 square meters, D’ 300 square meters, E, F, and G respectively, and agreed to have rights in the entire land according to their respective shares, and accordingly, the real estate sales price was settled according to their respective shares.
C. Around 2012, club members agreed to create a camping site and engage in a profit-making business by creating a camping site on the instant real estate until all club members move into a house. The exercise of rights on the instant real estate is subject to the consent of all club members, make contributions by each group of shares, bear the distribution of profits and losses, and bear the burden according to the share ratio, and the creation and operation of a camping site are entrusted to the Plaintiff.
Since then, the Plaintiff created a camping site and was in charge of its operation on the instant real estate, and the funds first been appropriated for KRW 314 million collected by club members, and thereafter, were appropriated for bank loans, the Plaintiff’s personal money, etc.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings
2. The assertion and judgment
A. The plaintiff alleged that the real estate of this case was developed into a camping ground and paid at least KRW 490 million, in addition to the money collected by club members. On May 22, 2015, the plaintiff agreed to settle the amount of KRW 490 million ( KRW 250 million for the plaintiff's loan of new bank) with KRW 240 million ( KRW 200 million for the plaintiff's loan of 172,434,00 ( KRW 490 million x KRW 1,200 square x 30 million), and the defendant paid to the plaintiff the amount of KRW 172,434,00 ( KRW 490,000 x 1,200 square x 3410).