(영문) 부산지방법원 2016.11.11 2015나47478

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(영문) 부산지방법원 2016.11.11 2015나47478

손해배상(기)

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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. (1) On February 25, 2013, the Plaintiff entered into an exchange contract between the Plaintiff and the Defendant (hereinafter “instant building”) on or around February 25, 2013, No. 104 Dong 1402 (hereinafter “instant building”).

To dispose of the property, the sale was requested to the real estate broker. F, the brokerage assistant of the E-real estate brokerage office operated by D, shall specify the land only by the lot number in the G forest and land owned by the Defendant and H forest (hereinafter referred to as “H forest and land”).

(2) On February 27, 2013, the Plaintiff, who was the husband of the Plaintiff, visited the site in order to verify the land subject to exchange on February 27, 2013.

I displayed the flat land of which gravel covers the Plaintiff, and said that the said land is exchanged as G and H forest land.

3) On February 27, 2013, the Plaintiff and the Defendant drafted a written contract for real estate exchange with the instant building by dividing 950 square meters among G forest land and 250 square meters among H forest land into each of the instant land. According to the said written contract, the Defendant’s secured obligation of KRW 260,000,000,000 for the maximum debt amount of the sexual credit union established on the instant building (the debt amount of KRW 200,000,000) is deemed to be the Defendant’s acceptance (hereinafter “instant exchange contract”).

4) The Plaintiff and the Defendant decided to register the transfer of ownership in the form of a sales contract, rather than an exchange contract, because the Plaintiff had to complete the registration of transfer of ownership in N, a creditor of the Plaintiff’s forest acquired through the instant exchange contract.

On February 27, 2013, the Plaintiff and the Defendant: (a) the seller, the Defendant, and the Defendant: (b) the seller; (c) the seller; and (d) the seller; (c) the seller; (d) the seller; and (e) the seller; and (e) the seller, the Defendant, who designated the Plaintiff as the seller regarding the instant building at KRW 280,000,000,000

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