손해배상(기)
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Based on the facts, the Defendant completed the registration of ownership transfer on August 27, 2003 with respect to 1/3 shares of H 1,951 square meters (hereinafter “the instant real estate”) in relation to the instant real estate on September 30, 2003, the Defendant completed the registration of ownership transfer by trade on August 27, 2003. On July 31, 2008, the Defendant completed the registration of ownership transfer with respect to the instant real estate at the I Association with respect to the debtor, the defendant, and the maximum debt amount of KRW 65 million.
On February 23, 2012, the Defendant completed the registration of transfer of ownership on the instant real estate on the ground of sale on February 15, 2012, and on the same day, the registration of change of the right to collateral security changed from the Defendant to the Plaintiff from the Defendant to the Plaintiff.
The instant real estate was sold to J in the purchase price of KRW 130 million on February 27, 2015, and the J completed the registration of ownership transfer on March 2, 2015.
[Ground of recognition] The plaintiff's assertion of Gap evidence No. 2 and the purport of the whole argument was delegated to defendant and K with the sale of the real estate of this case.
The instant real estate was sold to J in KRW 130 million, and the Defendant and K paid KRW 5 million to the Plaintiff, and the Plaintiff used KRW 25 million in order to repay the secured debt of the right to collateral security established on the area of 1882m2m2 in Asia-si E, Busan-si, the Plaintiff owned and used the remainder of KRW 100 million at will.
Therefore, the defendant is obligated to pay 100 million won and damages for delay to the plaintiff on the ground of violation of delegation agreement or due to tort (Embezzlement).
Judgment
In full view of the purport of the entire pleadings as a result of the submission of financial transaction information to Gap evidence Nos. 19, Gap evidence Nos. 20 through 24 (including each number), Eul evidence Nos. 10-1 through 3, Eul evidence Nos. 10-1 to 10, K witness of the trial, I of this court, and L Union, K prepared a sales contract in the course of entering into the instant sales contract, and received and managed the purchase price from J.