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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. The Plaintiff’s assertion 1) The Plaintiff’s husband B is the Plaintiff-owned commercial building located in Seongbuk-gu Seoul Metropolitan Government D (hereinafter “instant commercial building”).
In order to obtain a loan as security, the Defendant stated that “the Plaintiff would not give a loan from a financial institution because it is a bad credit holder, so the Plaintiff would provide the commercial building of this case as security after transferring its ownership to a person who is not a bad credit holder, and would have a loan equivalent to KRW 350 million.” 2) Accordingly, the Plaintiff’s husband B requested the Defendant to inquire into whether the Plaintiff’s Dong Dong Dong Dong Dong-dong is a bad credit holder, and the Defendant made a credit inquiry about E through a financial institution, and then the Defendant was able to provide the commercial building of this case to the F Bank, etc. as security and obtain a loan of KRW 350 million.
Accordingly, the plaintiff registered the transfer of ownership in the name of E, and the defendant represented for the application for registration.
3) In order to obtain a loan, the Plaintiff did not grant a loan even though it paid KRW 5 million as required by the Defendant, and thereafter, the Defendant demanded additional payment of KRW 7 million for the school expenses and refused it, and the Defendant demanded additional KRW 7 million for E to receive KRW 7 million from E, but did not receive a loan that the Defendant promised. 4) The Plaintiff believed the Defendant’s commitment and paid KRW 20,825,950 as the expenses for the registration of ownership transfer on July 15, 2014.
In addition, 12,087,030 won was imposed on capital gains tax due to transfer of ownership, and 20,825,950 won is required to transfer ownership in the name of the plaintiff.
5) Therefore, the Defendant is obligated to pay the Plaintiff a total of KRW 53,738,930 (20,825,950 won x 20,825,950 won x 12,087,030) due to damages caused by the tort. (B) The Defendant’s assertion 1) The Plaintiff’s husband who planned the transfer of ownership in the instant commercial building owned by the Plaintiff to E.