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(영문) 청주지방법원 2015.09.25 2015가단2478
토지매매에따른 손해배상
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 26,092,042 as well as the interest rate from April 28, 2015 to the date of full payment.

Reasons

1. Indication of claim;

A. On August 14, 2014, the Plaintiff entered into a sales contract with the auditor C of the foregoing corporation, representing the Defendant B farming association, with the content that the Defendant B farming association would purchase the instant land at KRW 48,00,00 with regard to the share of KRW 959 square meters and KRW 40/333 (hereinafter “instant land”). Upon entering into the instant sales contract, the Plaintiff and the Defendant B farming association entered into an agreement with the Plaintiff to complete each registration of ownership transfer with regard to the instant land (hereinafter “instant agreement”) after the cancellation of all of the “three provisional seizures on the instant land and two collateral mortgages”).

B. The Plaintiff paid the sales price of KRW 48,00,000 to Defendant B farming association. However, Defendant B farming association completed the registration of ownership transfer under the Plaintiff’s name on August 25, 2014 when the instant land remains one of the collateral security (hereinafter “mortgage”).

C. After that, on April 22, 2015, the Plaintiff repaid KRW 26,092,042, total sum of the principal and interest of the secured debt of the instant right to collateral security, instead of Defendant B farming association, to the Dasan Agricultural Cooperative, which is the right to collateral security.

Therefore, C, which concluded the instant sales contract on behalf of Defendant B farming association corporation, did not perform the obligation to cancel the instant right to collateral security in accordance with the instant agreement with the Plaintiff. Therefore, the Defendants are jointly and severally liable to pay damages to the Plaintiff amounting to KRW 26,092,042, and damages for delay incurred from the violation of the instant agreement.

2. Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act).

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