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1. All claims filed by the plaintiff (appointed party) and the designated parties are dismissed.
2. The costs of lawsuit are assessed against the plaintiff (appointed party) and the plaintiff.
Reasons
1. Determination as to the cause of claim
A. On March 1988, the Plaintiff (Appointed Party) and the Appointors’ father, who are the father of the Plaintiff (Appointed Party) and the Appointors (hereinafter “the deceased”) requested the Defendant to provide F with a size of 7339m2 (hereinafter “instant land”) for the Defendant’s transfer of KRW 5 million for the Defendant’s obligation to F, as a security for the Defendant’s transfer of KRW 7,000,000,000 to F, and thereafter, F completed the registration of transfer for sale of the instant land.
Since then, even though the Defendant fully repaid the F with F the above debt amounting to five million won until June 7, 1988, the registration of ownership transfer in the name of H with respect to one-half shares of the instant land was completed on April 1988, and the registration of ownership transfer in the name of I with respect to the remainder of one-half shares of the instant land around August 198.
Although the Defendant requested F to provide the deceased with the instant land as a collateral for transfer of his debt, and agreed to have the deceased liable for full repayment of the said debt and return the ownership of the instant land to the deceased, the Defendant is liable for damages due to the deceased’s nonperformance, since the ownership of the instant land was transferred to a third party and failed to perform this.
Therefore, the Defendant, at least to the deceased, shall pay 20,758,885 won (=48,437,400 won x 337,400 won per square meter) as the officially announced price of the instant land in the year 1990 nearest to the time when the ownership of the deceased became impossible due to the transfer of the instant land to a third party. As such, the Defendant is obligated to pay to the Plaintiff (Appointed Party) each of the 13,839,257 won (=48,437,400 won x 3/7), 13,839,257 won (=48,437,400 won x 2/7) according to the inheritance shares.
B. The entries of Gap evidence Nos. 1 through 13 alone are merely written on the deceased’s personal debt, and the defendant will transfer to F the deceased’s personal debt to F as a means of transfer.