(영문) 울산지방법원 2017.11.15 2015가단27056

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(영문) 울산지방법원 2017.11.15 2015가단27056

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1. The Defendant concluded an exchange contract on August 23, 2013 with respect to the forest land of 1,200 square meters in Ulsan-gun, Ulsan-gun.

Reasons

1. The Defendant purchased 1,200 square meters of land in Ulsan-gun, Ulsan-gun, Ulsan-do (hereinafter “instant land”) from D on July 2013, but had an intention to sell again and had not completed the registration in the future of the Defendant.

On August 23, 2013, the Defendant: (a) exchanged the instant land and the instant land and the building owned by the Plaintiff, Busan East-gu, Busan-gu, where the registration was not completed; (b) the value of the instant land is KRW 200 million; and (c) the value of the E real estate is KRW 400 million; and (d) the Defendant takes over the obligation to refund the lease deposit amount of KRW 30 million under a lease agreement on the E real estate, and the Plaintiff pays the difference between the exchange price and KRW 30 million to the Defendant; and (c) the transfer of the registration is to be transferred to both designated persons (hereinafter “instant exchange agreement”).

F entered into the instant exchange contract as the Plaintiff’s agent, and only KRW 10 million out of KRW 30 million received from the Plaintiff on August 23, 2013 was paid to the Defendant as the difference in the exchange contract.

The defendant completed the registration of ownership transfer on October 11, 2013 for the land of this case in the future of the defendant.

On the same day, the defendant obtained a loan of KRW 80 million from the Busan Bank, and completed the registration of the establishment of a mortgage over the land of this case to Busan Bank without the consent of the plaintiff in order to secure the obligation of the loan.

At the time of the closing of the instant case, the actual secured debt amounting to KRW 80,000,000,000.

The defendant sold E real estate to G around September 13, 2013, and the plaintiff completed the registration of ownership transfer on the E real estate to G designated by the defendant on November 29, 2013.

[Reasons for Recognition] Unsatisfy, Gap 1 to 7 evidence, Eul 4, 5, 6 (including each number), and

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