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(영문) 대전지방법원 2015.12.24 2015가단19442
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On December 20, 1971, the Plaintiff clan completed the registration of preservation of ownership in the name of D, E, and F, each of which is the cause of the clan on December 20, 1971, on the forest land C, C, 23,802 square meters (hereinafter “the forest of this case”).

B. G, the wife of D, completed the registration of ownership transfer on October 4, 2007 by reason of donation on February 10, 1991 under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate. On the same day, G, the wife of D, completed the registration of ownership transfer on October 2, 2007 with respect to the portion of 1/30 of the said shares, which was made on October 2, 2007. On October 4, 2007, Defendant Daejeon Central Credit Union (hereinafter “Defendant Union”) completed the registration of ownership transfer on October 4, 2007 with respect to the remaining portion of 9/30 of the said shares.

C. On October 9, 2007, the Defendant Cooperative lent KRW 100 million at the interest rate of 7.8% per annum, 22% per annum, and 9 October 2012 at the expiration date of the loan.

[Reasons for Recognition] Uncontentious Facts, Entry B in Evidence Nos. 1 and 2, the purport of the whole pleadings

2. On May 2007, the Plaintiff’s argument that the Plaintiff’s clan concluded a sales contract with Nonparty J to sell KRW 1650 square meters (500 square meters) out of the instant forest to KRW 100 million (200,000 per square meter) of the purchase price, and received KRW 10 million as down payment from J.

However, in collusion with Defendant B, an employee of the appraisal corporation, without having a certified public appraiser appraiseing the instant forest, the Defendant Cooperative prepared a consignment appraisal report which has an excessive appraisal of 20,000 won per square meter of the instant forest land, even though the officially announced value of the instant forest is limited to 20,000 won per 1 square meter, and carried out an illegal loan of 100 million won exceeding the value of the instant forest, and completed the registration of the establishment of the instant neighboring forest.

Therefore, while J would cancel the above contract, it is demanded to compensate for damages of KRW 30 million.

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