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(영문) 울산지방법원 2015.01.14 2014가단4872
손해배상(기) 등
Text

1. As to the Plaintiff KRW 9,100,00 and KRW 5,600,00 among them, the Defendant shall start on September 11, 2012, and the remainder 3,50.

Reasons

1. Basic facts

A. On May 1, 2012, the Defendant decided to purchase the land of this case out of the said seven parcels of forest land, including Ulsan-gun, Ulsan-gun, Seoul Special Metropolitan City (hereinafter “instant land”) from the Bosur Committee (hereinafter “ Bosur Committee”), for KRW 960,00,000, and decided to sell the land of this case out of the said seven parcels of forest land, as it was purchased from the Bosur Committee, to the Plaintiff.

B. On May 4, 2012, the Plaintiff paid KRW 50,000,00 to the Defendant via D as part of the purchase price of the instant land.

C. On June 22, 2012, the Defendant: (a) received the loan from the Nonghyup Bank Co., Ltd. (hereinafter “Agricultural Bank”); (b) provided seven parcels of forest land as collateral for the said loan; and (c) provided seven parcels of forest land including the instant land, the registration of creation of a joint collateral mortgage (hereinafter “instant joint collateral mortgage”) for the debtor, the maximum debt amount of 1,152,000,000 won; and (d) the mortgagee, the Nonghyup Bank, the Nong Bank, the joint collateral mortgage (hereinafter “instant joint collateral mortgage”).

On June 1, 2012, the Plaintiff prepared a contract under which Bosurur and the instant land were purchased in KRW 241,148,000, and completed the registration of ownership transfer immediately in the Plaintiff’s future, without omitting the Defendant on June 22, 2012.

On July 26, 2012, the Plaintiff requested the Defendant to exclude the instant land from the joint collateral, and the registration of the creation of the instant joint collateral security (hereinafter “mortgage”) was completed with respect to the instant land by the obligor, the debt amounting to KRW 268,50,00, the maximum debt amounting to KRW 322,252,80, and the NongHyup Bank, the NongHyup Bank, the mortgagee of the right to collateral security (hereinafter “the instant joint collateral security”), and subsequently

[Reasons for Recognition] The facts without dispute, Gap 1, 2, and 4, the whole purport of the pleading

2. Determination as to the cause of action

A. As to the claim for damages arising from a tort, the purchase price of the land in this case claimed by the Plaintiff is KRW 241,148,00, and the Plaintiff paid KRW 50,000 to the Defendant. As such, the Defendant is the actual amount of debt.

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