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Reasons
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(영문) 서울고등법원 2015.01.27 2014나31006
손해배상(기)
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1. Revocation of a judgment of the first instance;

2. The plaintiff's successor's motion for intervention shall be dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. As to subparagraphs 101 and 117 of the H Condo in Jeju G, which was owned by F on June 12, 2009, Defendant C completed the registration of transfer on the ground of sale on June 10, 2009, with respect to the instant containers owned by F on the same day, as to subparagraphs 102, 103, 104, and 105 of the instant containers owned by F.

(hereinafter referred to as the “instant real estate” collectively referred to as heading 101, 102, 103, 104, 105, and 117.

The sales price of the instant real estate was KRW 525,00,000,000, which was the money, from the company account of the Plaintiff (hereinafter “Plaintiff”) to the Agricultural Cooperative account in the name of F, from February 13, 2009, KRW 100,000,000, from February 13, 2009

2. 60,000,000 won in 17. The same year; and

3. 5.0,000,000 won for the same year; and

3. 100,000,000 won on 30. , or the same year.

4. 100,000,000 won on 30. , or the same year.

6. 1. Each transfer of KRW 115,000,000 has been made in full.

C. Defendant E (hereinafter “I”) is a representative director, Defendant C, and D’s each internal director. The Defendants obtained a loan of KRW 300,000,000 from Jeju Bank under the name of Jeju Bank (hereinafter “ Jeju Bank”) on February 1, 2012, and completed the registration of creation of a mortgage for each of the instant real estate worth KRW 390,000 with respect to the Jeju Bank (hereinafter “registration of creation of a mortgage for the instant real estate”).

Defendant C and D completed the registration of ownership transfer on the same day with respect to the instant real estate registered under their respective names on September 25, 2012. Of the instant real estate, Defendant C and D completed the registration of ownership transfer from J on the same day. From J on March 7, 2013, the instant containers among the instant real estate had completed the registration of ownership transfer from J on March 7, 2013 and currently owned by K. The instant containers owned L on the same day after completing the registration of ownership transfer from J.

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