beta
Text
1. The Defendant’s KRW 3,347,794 as well as 5% per annum from August 12, 2014 to January 13, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. On February 15, 2007, the Plaintiff completed the registration of transfer of ownership on the ground of sale due to voluntary auction on November 27, 2006, with respect to the area of 86,579 square meters of land in Seongbuk-gu Daejeon, Daejeon.
B. On February 15, 2007, the establishment registration of the mortgage was completed on the ground of the contract to establish the said land on the same day, as the maximum debt amount of KRW 60 million, the debtor, the plaintiff, and the mortgagee.
C. The Plaintiff’s wife and the Defendant’s mother delegated the sale of the right to sell commercial buildings in the name of multifunctional administrative city in D’s name, and the Defendant paid KRW 500,000 out of the sale price to D.
On October 5, 2011, the Plaintiff remitted KRW 9 million to the Defendant for the purpose of paying taxes.
E. Meanwhile, on January 3, 2012, the said land was divided into C forest land of 19,800 square meters, E forest land of 66,779 square meters (hereinafter “instant land”).
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 4, and Eul No. 2, the purport of the whole pleadings
2. The parties' assertion and judgment
A. 1) In order to raise funds necessary for the registration of transfer of ownership of the instant land, the Plaintiff delegated the authority to the Defendant on the creation of a right to collateral security and loan of the instant land. Although the registration cost is not more than KRW 18 million, the Defendant obtained a loan from one bank and used at will the difference of KRW 32 million. In addition, the Plaintiff delegated the Defendant’s authority by deeming that the Plaintiff would sell the Plaintiff’s market price of KRW 20.5 million, and the Plaintiff did not pay the remainder of KRW 52 million after the Defendant sold it. Accordingly, the Defendant was obligated to obtain a loan of KRW 50 million as collateral and pay damages for delay to the Plaintiff.