손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
Judgment of the first instance.
1. Basic facts C was delegated with L in early 2006 the authority to sell 6th floor E and 2nd underground floor size Felel (hereinafter “instant real estate”) on behalf of L on July 21, 2006, selling the instant real estate at KRW 1 billion to the Plaintiff (the actual purchaser is jointly Plaintiff B, the Plaintiff’s Dong-dong), and completed the registration of ownership transfer under the Plaintiff’s name on July 31, 2006, but did not receive the remainder payment from the Plaintiff.
C On December 19, 2006, upon receipt of a request from the Plaintiff to re-enter or sell the instant real estate, C entered into a sales contract with the Defendant on behalf of the Plaintiff on December 19, 2006, on behalf of the Plaintiff, “the Defendant purchased the instant real estate at KRW 900 million, but the amount of KRW 100 million out shall be paid on the date of the contract, and the amount of KRW 680 million shall be substituted by accepting the secured obligation of the right to collateral security in the name of the national bank in the name of the Plaintiff for the instant cartel, and the remainder of KRW 120 million shall be paid later.”
(hereinafter “instant sales contract.” The Defendant paid KRW 100 million to C on the date of the conclusion of the instant sales contract, completed the registration of ownership transfer in the name of the Defendant regarding the instant real estate on the same day, and completed the registration of ownership transfer on July 6, 2007, the registration of changes in the right to collateral security that changes the debtor to the Defendant from the Plaintiff.
Around August 25, 2009, the Defendant received notice from C to demand payment of KRW 200,000,000,000 from C, and received assistance from B on September 1, 2009, and sent C a written answer containing the following contents:
(hereinafter referred to as the “instant reply”). - C, even if the instant real estate was owned by L, was under title trust, sold in sequence to B (Plaintiff), Defendant, and M.
- The amount of KRW 113 billion paid by the Defendant to C during that period shall belong to C.