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(영문) 의정부지방법원 2019.09.27 2018가단126610
손해배상(기)
Text

1. The Plaintiff:

A. Defendant C and D jointly share KRW 92,592,671 and its related thereto from September 28, 2018 to May 31, 2019.

Reasons

1. Facts of recognition;

A. On February 28, 2005, the Defendants are co-owners who completed the registration of ownership transfer for 1/3 shares of forest E 11,372 square meters among forest E 11,372 square meters in each Gyeonggi-gun.

(B) The above real estate is “land before the instant partition.”

On March 14, 2005, the Defendants completed the registration of the establishment of a mortgage with G and the maximum debt amount of KRW 340,000,000 to the F Association.

(hereinafter “instant collateral security”). C.

On July 18, 2017, the Defendants and G entered into a “land consulting contract” with the content of entrusting affairs, such as the preparation of a land sales contract and a contract, to H, a sales agent, and H recommended the Plaintiff to purchase the land before the instant partition.

On July 21, 2007, the Plaintiff concluded a sales contract with H on behalf of the Defendants to purchase 2,645 shares in total, 111,372 shares in the land before the instant partition, and 7,935 shares in total, from the Defendants.

(hereinafter “instant sales contract”). E.

On July 21, 2007, the Plaintiff paid the total purchase price to the Defendants. On August 1, 2007, the Defendants completed the registration of ownership transfer for each share of 7,935 percent of the land before the instant partition to the Plaintiff.

F. Since then, the instant land was divided into 31,173 square meters for the land before the instant partition, J forest 34,479 square meters, K forest 38,225 square meters, L forest 5,165 square meters, M forest 732 square meters, N forest 2,770 square meters, and O forest 46 square meters for the land before the instant partition. Of them, M, N, andO were expropriated in the Republic of Korea, and the Plaintiff received KRW 5,336,480 as compensation for the expropriation of the said shares.

(g) The remainder of the land, other than the land subject to the foregoing expropriation, is “the land after the instant subdivision.” Meanwhile, Defendant C, on March 13, 2017, transferred the instant right to collateral security to the land after the instant subdivision from the FF Association and completed the registration of transfer as of March 14, 2017 under receipt No. 11408, which was received on March 14, 2017, and completed the registration of transfer as of August 7, 2017, voluntarily auction the land after the instant subdivision as of August 36853.

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