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(영문) 서울동부지방법원 2019.11.21 2018가합113407
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. 1) On November 10, 1997, the Plaintiff: (a) from the Defendant on November 10, 1997, at the bottom of 2,190 square meters, D, E, F, and G land owned by the Defendant (hereinafter “each of the instant lands”); and (b) when individually named, the Plaintiff refers to setting a parcel number.

) The sales contract was concluded to purchase KRW 13 million (hereinafter “instant sales contract”).

(2) According to the instant sales contract, the Plaintiff paid KRW 13 million out of the purchase price to the Defendant, and the remainder of KRW 10 million was agreed to substitute for the Plaintiff’s repayment on April 10, 1999, which is the due date for the loan, of KRW 10 million of the secured debt of the right to collateral security (the Defendant’s loan to H association) established regarding the instant G land.

However, the plaintiff did not pay the above KRW 10 million after April 10, 1999, which was the date of the above agreement.

Accordingly, the above loan debt was repaid by the defendant around that time, and the registration of the establishment of the above mortgage was also cancelled.

B. 1) At the time of the conclusion of the instant sales contract, the Plaintiff and the Defendant: (a) specified the lower part of 2,190 square meters of the instant C Forest No. 4,442 square meters; (b) divided the said 2,190 square meters into one to specify the location and area; and (c) agreed to register the said 2,252 square meters of C Forest No. 2,252 square meters in the Defendant’s name; and (d) an I Forest No. 2,190/442 of the instant forest No. 4442 square meters in the Plaintiff’s name on March 19, 198 with respect to the portion of 2190/442 square meters of the instant forest No. C Forest No. 44442, Mar. 11, 1998; and (b) the Defendant, with respect to the previous land, became the nominal owner of the said land.

3) On December 2, 1998, the land before subdivision was divided into 2252 square meters of the instant C forest and 2190 square meters of I forest and 2190 square meters. The said division of land was eventually transferred to each of the instant real estate in which the registration of ownership in the name of the Defendant and the Plaintiff was divided.

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