(영문) 서울중앙지방법원 2017.12.21 2015가단5362173

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(영문) 서울중앙지방법원 2017.12.21 2015가단5362173

구상금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 23, 2013, the Defendant and C entered into an exchange contract with the content that the Defendant pays 500 million won of the exchange difference to C (hereinafter “instant exchange contract”) on the following occasions: (a) the Plaintiff and C exchanged a parcel of land, not less than 6273 square meters (hereinafter collectively collectively referred to as “D land”); and (b) the Plaintiff and C entered into an exchange contract with the following special agreements.

(1) The defendant shall take over the secured obligation of the right to collateral security established in the Incheon Hostel.

(2) The defendant shall transfer the ownership of D land to a person determined by C.

(3) A person who is designated by C after obtaining a loan of KRW 1 billion as security from D land and thereafter acquires the above loan obligation.

B. The Defendant and C anticipated that a loan of at least one billion won would have been made by collateral D land, and concluded the above exchange contract, but did not appear to have been KRW 700,000,000.

Accordingly, on April 1, 2013, the Defendant obtained a loan of KRW 700 million from the old Agricultural Cooperative (hereinafter “the instant loan”) on the security of the D land, and set up a mortgage registration with the debtor F and the maximum debt amount of KRW 840,000,000,000.

C. On April 1, 2013, the Defendant and C drafted a sales contract (hereinafter “each of the instant sales contracts”) with regard to D land and Incheon Public Notice Hostel separately from the instant exchange contract, and the main contents thereof are as follows.

A seller: The seller: The seller's purchase price is one billion won special agreement. (1) The seller shall transfer ownership to a person determined by the buyer.

(1) (2) The buyer agrees to pay the seller’s loan as the down payment and the intermediate payment, and succeeds to the loan.

Before borrowing, the buyer has received the loan by bearing all the expenses, etc.

(2) (3) The loan amount shall be the down payment and intermediate payment.

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