logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.10.02 2014가단231369
손해배상
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) On May 3, 2003, H, the owner of the instant land, at the time Osan City, made a title trust agreement with Defendant D on the instant land, and completed the registration of ownership transfer on June 4, 2003.

On May 2004, the said land was divided into and its lot number was changed to 1554.9 square meters and J 532 square meters. In other words, the said J land was divided into J 18 square meters, K 172 square meters, and L 172 square meters and its lot number was changed.

(2) On September 2003, the Plaintiff, the Defendant B, and M, N, andO agreed to divide the resale profit by investing in the entire land of this case, and concluded a sales contract with H on October 15, 2003, with Defendant D, buyer N, and H, the 3.2 billion won for the entire land of this case (hereinafter “the sales contract of this case”).

On the same day, the O invested 10 million won, M 20 million won, and Defendant B invested 100 million won, and the O paid 400 million won in total as the down payment of the above sales contract.

(3) On December 18, 2003, the first land out of the entire land of this case was sold to P for KRW 3.29 billion. Of the price, KRW 2.366 billion was paid to H as part of the balance of the sales contract of this case.

(4) Q received a request from the Plaintiff for a loan for the remainder payment of the instant sales contract, and on July 28, 2004, received a loan of 600 million won at the branch office of the Bank of Korea, and KRW 500 million among them was paid as the remainder of the instant sales contract.

At the time of the above loan, the Industrial Bank of Korea established the right to collateral security in the name of the debtor Qua, the maximum debt amount of the instant land KRW 780 million.

Since O obtained a loan from the National Agricultural Cooperative Federation on May 30, 2006, the right to collateral security against the land of this case shall be one billion won with maximum debt amount and one million won with the obligorO.

arrow