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(영문) 수원지방법원성남지원 2016.09.27 2015가단22037
손해배상(기)
Text

1. As to the Defendants’ respective Plaintiff KRW 50,000,000 and the Defendants’ respective amount:

A. Defendant B shall be from September 19, 201 to October 20, 2015.

Reasons

1. Facts of recognition;

A. A. Around September 23, 2003, the Plaintiff agreed to exchange the said G G field land owned by the Defendant C (hereinafter “instant land”) with Eelel located in Pyeongtaek-gun, Gyeonggi-do, the Plaintiff owned, and the name of the Defendant, 1607 square meters of 17752 square meters of forest land in Gwangju-si, Gwangju-si, the Defendant, and the name of Defendant B, but actually, the Plaintiff agreed to exchange the said G field land owned by the Defendant C (hereinafter “instant land”).

B. On December 10, 2003, the Plaintiff, a mother of the Plaintiff, completed the registration of the right to claim partial transfer of ownership regarding the above F Forest shares in the name of H, which is the Plaintiff’s mother, and completed the registration of ownership transfer based on the provisional registration under the name of H on June 13, 2014.

On February 4, 2005, the Plaintiff drafted a sales contract to the effect that Defendant B, as a title trustee, is liable to transfer the ownership of the instant land to the Plaintiff.

C. In order to complete the registration of ownership transfer of the instant land, farmland certification should be attached. The Plaintiff did not have the qualification to obtain farmland certification.

Accordingly, according to Defendant C’s solicitation, the Plaintiff sold and disposed of the instant land to a third party as soon as possible, and delegated the sale of the said land to Defendant C.

However, on June 10, 2010, Defendant C offered the instant land as collateral and borrowed money to I without the Plaintiff’s consent, and completed the registration of creation of a mortgage over the said land, which is the maximum debt amount of 40,000,000, and the said I applied for voluntary auction of the instant land on March 18, 201, and awarded a successful bid in KRW 50,000,000.

Defendant B consented to the establishment of the right to collateral security, even though he knew or could have known the aforementioned circumstances.

[Ground of recognition] A without any dispute, entry in Gap evidence 1-1, 2, and 2-2, and purport of whole pleading

2. According to the allegations and the above facts of recognition, Defendant C has the obligation to acquire the Plaintiff the ownership of the instant land or the money equivalent to the value of the land.

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