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(영문) 춘천지방법원 2019.06.13 2018가단53678
손해배상(기)
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On December 10, 204, the Defendant, D, E, and F purchased the real estate listed in the separate sheet (hereinafter “instant real estate”) and completed the registration of ownership transfer on January 5, 2005, with the share of 1/4 shares, and completed the registration of ownership transfer under the name of the Defendant’s G association (hereinafter “G association”). A loan of KRW 750 million out of the purchase fund from the G association in the name of the Defendant’s name (hereinafter “G association”), and completed the registration of establishment of a neighboring association of the Defendant and the maximum debt amount of KRW 975 million on the same day on the instant real estate on December 30, 2004 on the same day.

B. On July 16, 2009, Plaintiff B purchased 1/4 shares in the instant real estate owned by F and purchased 1/4 shares in the same year.

8.5. Completion of the registration of ownership transfer;

On August 29, 2016, Plaintiff A sold to Plaintiff A and completed the registration of ownership transfer on October 20 of the same year.

C. From the time of the acquisition of the instant real estate, the Defendant managed the instant real estate in the name of the Defendant by integrating the purchase funds into the Defendant’s account. As the period of possession has increased, the Defendant, with the consent of co-owners, managed the instant real estate and promoted the sale of the said real estate, but it is difficult to manage the said real estate. On June 20, 2014, the Defendant and co-owners D, E, and Plaintiff B, a co-owner, at the time of the lease and management of the instant real estate, agreed as follows, on the following main contents

(G) The debtor of the registration of the right to collateral security was also changed to E, and the defendant acquired it on April 21, 2014: The purpose is to purchase and sell the land without delay.

Conditions

1. A manager C (defendant) is responsible only for the interest on a loan (750 million won)

(Techs, cafeterias, and caters)

2. In the case of land purchase and sale, compensation shall be made for total sum of KRW 30 million within two years from the date of the first management, compensation shall be made for total sum of KRW 20 million after two years, and no compensation shall be made after five years.

Subject to the above purpose and terms, C is responsible for and managed directly or by entrustment.

C The best.

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