logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2015.08.11 2015가단104428
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On December 11, 2006, the Plaintiff entered into a sales contract and set up a collateral security right (hereinafter “the first sale real estate”) with the Defendant on December 11, 2006, both C and 15 lots (hereinafter “the Defendant”).

(2) On January 15, 2007, the Plaintiff sold KRW 1.543 million to the Defendant. In addition, on the other hand, on January 15, 2007, the Plaintiff entered into a sales contract with the Defendant on the sales price of KRW 7496m2 (hereinafter “second-party sale real estate”) with respect to the E forest land in the Namyang city in the name of the Plaintiff’s wife D et al. and four other persons, and KRW 9.6 million with respect to G forest in the name of F, KRW 74.20m2 (hereinafter “the instant real estate”). As to the instant real estate, the Plaintiff entered into an agreement with the following contents (hereinafter “instant agreement”).

was drawn up.

Down payment: After the permission of an original factory is granted: 10 million won: After the completion of the original factory, 150 million won: 260 million won.

1. To create a collateral security on the whole amount of the contract; and

(150%) 2. The contract with the factory permission shall be invalid and paid, and the creation of the right to collateral security shall be terminated immediately.

3) Pursuant to Article 1 of the above written agreement, the Plaintiff is liable to the Defendant on January 19, 2007 with respect to the instant real estate on January 19, 2007, to the debtor, to the Mapo Mutual Savings Bank Co., Ltd. (hereinafter “

2) As to the right to collateral security (hereinafter “instant right to collateral security”) with the maximum debt amount of KRW 840,000,000 as the mortgagee.

B) The Defendant set up the sales amount. (B) The Defendant paid KRW 2,861,209,892 to the Plaintiff as the sales amount of the said three cases (No. 1 and 2 real estate and the instant real estate), from December 12, 2006 to February 1, 2010.

2) The Plaintiff and the Defendant up to May 23, 2008 paid the sales remaining amount of KRW 197,790,108 for the first, second, sale and purchase real estate up to that time (= KRW 2.44,90,000 for the purchase price of the real estate sold = KRW 2.49 billion ( KRW 1.543 billion for the purchase price of the real estate sold) - KRW 1,251,209,892 for the purchase price of the real estate sold up to that time.

arrow