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(영문) 전주지방법원 2017.06.22 2016나4986

손해배상(기)

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. On April 1, 2013, the Plaintiff entered into a sales contract between the Plaintiff and the Defendant Company B (hereinafter “Defendant B”)

1) The forest land of this case is 16,529m2 (hereinafter “instant forest land”) between Defendant C and Defendant C who represented.

(2) The sales contract is to sell the sales price of KRW 550,000,000, and the sales contract is to pay the remainder by December 30, 2013, including the intermediate payment of KRW 20,000,000 on the date of the contract, and the intermediate payment of KRW 90,00,000 until April 15, 2013 (hereinafter “instant sales contract”).

(2) After the conclusion of the contract deposit, Defendant B received KRW 20,000,000 from Defendant B, the Plaintiff and Defendant B agreed that if the Plaintiff had completed the registration of ownership transfer on the forest of this case in the future of Defendant B with only the down payment, Defendant B shall obtain a loan of the forest of this case as collateral and repaid KRW 110,000,000 for the secured debt of the right to collateral security established on the forest of this case and pay the Plaintiff an intermediate payment of KRW 90,00,000 for the remainder of 330,000,000 for the remainder.

(3) On April 12, 2013, Defendant B prepared a loan certificate of KRW 330,00,000 to the Plaintiff. On April 15, 2013, Defendant B received a loan of KRW 250,000,000 from the former bank as security and paid KRW 90,000 in intermediate payment to the Plaintiff. (b) Defendant B entered into an exchange contract between Defendant B and E on November 11, 2013 (AgentsF) with E, and exchanged the instant forest and land of KRW 330,00,00,000 under the name of the Plaintiff, and the instant forest and land of KRW 250,00,000 were loaned from the former bank as security and paid KRW 90,00 in intermediate payment to the Plaintiff.