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(영문) 서울서부지방법원 2015.01.23 2014가합31332

손해배상(기)

Text

1. Defendant B, D, and E jointly and severally with the Plaintiff KRW 176,463,00 and the Plaintiff’s aforementioned amount from September 21, 2010 to Defendant B.

Reasons

1. Basic facts

A. The Plaintiff was the owner of F forest in the Gyeongdong-gun, G, which was the owner of the F forest in question (hereinafter “instant forest”), and heard from G that he would connect the purchaser of the instant forest to purchase the instant forest on the condition that he would have the purchaser obtain the loan by establishing the right to collateral security first, and entrusted G with all of its authority concerning the sale and purchase of the instant forest and the creation of the right to collateral security, and G re-entrusted it to the Defendant B.

B. Defendant B, upon introduction of H, decided to trade the forest of this case with Defendant D and E, and entered into a sales contract on November 12, 2009 with the meaning that H was responsible for and paid the purchase amount from the purchaser. The purchaser is the Defendant C and the Defendant E, who had lived with Defendant D, and the purchaser was the purchaser. The purchase amount is KRW 300,000,000; the purchase amount is KRW 20,000,000 on the date of the contract; the remainder is paid on the date of the contract; the right to collateral security was set up in the forest of this case with the maximum amount of 40,000,000,000, which is the right to collateral security (hereinafter “the sales contract of this case”); and around that time, Defendant C and B agreed to pay the Plaintiff the purchase amount with the agreement between Defendant D and E as the owner of the forest of this case.

(hereinafter referred to as “instant letter of agreement”). C.

On November 16, 2009, with respect to the forest of this case, the right to collateral security was established (hereinafter “instant right to collateral security”) consisting of a mortgagee, debtor C, Defendant C, the maximum debt amount of 400,000,000 with respect to the forest of this case (hereinafter “instant right to collateral security”), and the Mutual Association, from November 24, 2009 to December 15, 2009, shall be the agent of “I” mutually recorded amount, which Defendant D actually operated under Defendant C’s name.