손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Around September 7, 2005 with respect to Pyeongtaek-si D Forest land owned by C (hereinafter “the instant forest”), a sales contract was concluded between C and the Defendant, stating “A seller, the buyer, the Defendant, and the purchase price of KRW 600 million (the contract amount of KRW 100 million shall be KRW 200 million at the time of the contract, the intermediate payment of KRW 300 million shall be paid on October 31, 2005, and the remainder of KRW 300 million shall be paid on November 4, 2005).”
(hereinafter “instant sales contract”). B.
In relation to the forest land of this case, on October 27, 2005, the registration of ownership transfer and the maximum debt amount under the Plaintiff’s name was completed for sale and purchase on October 27, 2005, and the registration of creation of a neighboring mortgage to the Plaintiff and the debtor E, respectively.
C. Around October 12, 2009, the Plaintiff paid KRW 2550 million to E, and E cancelled the registration of establishment of a neighboring forest as to the instant forest.
On December 3, 2009, the instant forest was converted into 4,821 square meters of Pyeongtaek-si F forest, and was divided into 1,075 square meters of Pyeongtaek-si F forest (hereinafter “instant forest”) and 3,746 square meters of G forest land on December 10, 209.
E. On December 24, 2009, the Plaintiff sold the instant forest land to H for purchase KRW 520 million (per square year 1.6 million).
F. As above, when the Plaintiff sold the instant forest land to H and reported the transfer income tax, there were problems related to the actual acquisition value of the instant forest land between the Defendant and the Plaintiff. Around March 2, 2010, the Plaintiff, the Plaintiff’s wife I, the Defendant, and E drafted a written agreement with the following contents (hereinafter “instant agreement”), and around that time, the Defendant paid KRW 30 million to the Plaintiff.
The defendant who resides in Pyeongtaek-si J (hereinafter referred to as "A") in the agreement states that he/she is "M" in the agreement, but he/she appears to be a clerical error in "A".
(hereinafter referred to as “B”) and A Residence E (hereinafter referred to as “A”) in Ansan-si agree with respect to the instant forest land as follows:
1. Gap shall be the same as Eul and the above forest for sick purposes;