(영문) 서울고등법원 2018.05.18 2017나19816

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(영문) 서울고등법원 2018.05.18 2017나19816

대여금

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1. Revocation of the first instance judgment.

2. All the claims of plaintiffs D and F added in the plaintiffs' claims and the trial.

Reasons

1. Facts recognized;

A. He installed approximately 42 graves in part of the 62,876 square meters of I forest land in Macheon-si (hereinafter “the deceased”) owned by H without permission and damaged the forest. On February 27, 2007, H filed a lawsuit (hereinafter “relevant civil lawsuit”) claiming the payment of damages against the deceased as the District Court 2007Gahap1705 against the deceased.

At that time, the deceased appointed his lawyer J as an agent of related civil procedure at that time.

B. On June 2008, the Deceased entered into a service contract with the Defendant (hereinafter “instant service contract”) with the following content.

(1) The purchase price of the forest of this case shall be KRW 1.3 billion, and the deceased shall pay the Defendant an honorarium of KRW 300 million.

(2) The deceased shall be paid a honorarium to the defendant first, and the defendant shall set up a collateral of KRW 300 million against the creditor and the defendant as the debtor and shall grant the deceased a collateral of KRW 300 million.

(3) The method of proceeding is 9,020 square meters excluding 10,000 square meters out of the forest of this case, regardless of whether the Defendant received a donation from the owner H, and thus, the registration for ownership transfer will be completed in the name of the deceased.

The Defendant is responsible for selling the remaining 10,000 square meters, excluding the amount of 9,020 square meters owned by the Deceased, from among the forest land of this case, and replacing the remaining amount of 90,000 won with the remainder payment time.

(4) The defendant is responsible for withdrawal of action and cancellation of provisional seizure for the related civil action between the deceased and H until the contents of service are arranged.

(5) If the service work is not resolved, the Defendant shall pay 100 million won as damages in addition to returning the honorarium to the Deceased.

C. In accordance with the instant service contract, the Defendant, on June 18, 2008, set the maximum debt amount as “300 million won,” “Defendant,” “Defendant,” and “beneficiary,” with respect to L, M, and ground buildings owned by K in Yangju-si.

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