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1. Defendant B’s KRW 33,00,000 as well as 20% per annum from October 31, 2014 to September 30, 2015 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On September 2010, Defendant B was awarded a successful bid in the name of Defendant C with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) in the former District Court D Voluntary Auction proceeding.
B. Defendant B, around August 2010, lent to the Plaintiff the bid bond of the instant real estate amounting to KRW 12 million and the remainder KRW 44 million, the Plaintiff acquired the instant real estate in return for the loan, and agreed to transfer it to the Defendant.
C. Accordingly, the Plaintiff lent KRW 61,989,070 in total to Defendant B from September 8, 2010 to October 2010. Defendant B paid the above money and the bid price of KRW 60,000,000 for loans offered as collateral, and on September 9, 2010, received a registration of ownership transfer under Defendant C’s name, but did not transfer it to the Plaintiff, but sold KRW 140,00,000 to Nonparty E on February 3, 201.
The plaintiff filed a complaint against the defendants for fraud, and as a result, the defendant B was prosecuted for fraud and convicted, but the defendant C was not prosecuted.
E. Meanwhile, around May 2013, Defendant F deposited KRW 47,000,00 for the Plaintiff in a criminal trial, and the Plaintiff paid the said deposit on June 5, 2013.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 3, and 7 evidence (including paper numbers), the purport of the whole pleadings
2. According to the facts acknowledged as above, barring any special circumstance, Defendant B’s obligation to transfer ownership to the Plaintiff regarding the instant real estate was practically impossible. Thus, Defendant B should pay the amount equivalent to the market price of the instant real estate to the Plaintiff. The fact that the sale price of the instant real estate was KRW 140,000,000 is reasonable to be presumed to be equivalent to the same amount. As seen earlier, Defendant B received reimbursement from the Plaintiff at KRW 140,000,000 at the market price of the instant real estate.