(영문) 의정부지방법원 2017.05.11 2016가단22462

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(영문) 의정부지방법원 2017.05.11 2016가단22462

손해배상

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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 July 11, 2005, C purchased E Forest 31,983 square meters (hereinafter “the instant forest”) from D in Yangju-si, Yangju-si, and thereafter registered the ownership transfer of the instant forest under the name of the Defendant on April 12, 2007.

B. However, on August 20, 2007, when the forest land of this case was seized on August 20, 2007 due to the long-term default of acquisition tax and registration tax arising from the purchase of the forest land of this case by C, the Defendant urged C to pay taxes, but the Defendant neglected for a long period of time, resulting in losses, such as decline in

C. Around December 2008, the Plaintiff transferred the instant forest land under the pretext of performing the obligation worth of KRW 200 million from C, and on December 31, 2008, the Plaintiff entered into an agreement with the Defendant, a title trustee of the instant forest land, on the following terms (hereinafter “instant agreement”).

Agreements

1. The defendant recognizes that the plaintiff is the actual owner of the forest of this case.

2. The Plaintiff shall pay 8,053,840 won, such as the registration tax, acquisition tax, and additional dues, etc., generated in 2007 and 2008 on forest land of this case, to the viewing by December 31, 2008.

3. After the plaintiff paid the registration tax, etc. falling under paragraph (2) by proxy, the defendant shall not exercise any right as the owner of the forest of this case.

4. The defendant does not raise any objection against the provisional disposition of prohibiting the disposal of real estate in order to preserve the right to the forest of this case.

5. The Plaintiff is liable for all monetary transactions (including all matters related to the C Chairperson) incurred by the Defendant in acquiring the forest of this case, taxes, and all taxes incurred in the possession and transfer of the forest of this case, and all the legal liability arising from civil and criminal acts.

6. The defendant who lent the name in relation to the forest of this case to C as the chairperson substituted the compensation for the debt to the plaintiff with the forest of this case to C shall be in accordance with the Land Planning and Utilization Act.

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