(영문) 수원지방법원 2017.07.18 2016가단21649

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(영문) 수원지방법원 2017.07.18 2016가단21649

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 31, 2010, the Plaintiff and the Defendant entered into an exchange contract with the content that they transfer ownership of a shopping district house located in Eunpyeong-gu Seoul Metropolitan Government (hereinafter “instant building”) to the other party (hereinafter “instant exchange contract”). At the time of this case, the Plaintiff and the Defendant agreed to cancel the registration of restriction on rights, such as attachment, instead of the Defendant’s succeeding to the secured debt on the instant land, by offering the instant building to the financial institution as collateral, and by receiving the loan, the Defendant agreed to distribute the loan to the Plaintiff and the Defendant.

B. On June 7, 2010, the Plaintiff and the Defendant more concrete the terms of the instant exchange contract. The Defendant provided the instant building as security to the financial institution, and paid KRW 200 million out of the loan to the Plaintiff, and the Plaintiff immediately takes the transfer of ownership as to the land Eluri (No. 868 square) out of the instant land and takes the transfer of ownership as to the land Fluri (No. 3,00 square) out of the instant land after cancelling the right to collateral security in the name of the Korea Rural Community & Agricultural Corporation established with respect to the said land from the Defendant, and as to the land Gluri (no. 6,000 square meters) out of the instant land, a written agreement was formulated to the effect that the provisional registration is granted in the name of the Defendant.

C. Since then, on June 17, 2010, the Defendant provided part of the first and second floors of the instant building as collateral to H Association and paid KRW 200 million to the Plaintiff on June 17, 2010. Of the instant building, the collateral security right in the name of the Korea Rural Community & Agricultural Corporation with the obligor I was cancelled on the grounds of termination on the same day.

6.21. As to the above land, the registration of ownership transfer is made in the name of the defendant.

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