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(영문) 의정부지방법원 2021.01.15 2018가단137948
손해배상
Text

Defendant (Counterclaim Plaintiff) (Counterclaim Defendant 6,295,00 won to the Plaintiff (Counterclaim Defendant) and its related thereto from November 27, 2020 to January 15, 2021.

Reasons

1. The following facts do not conflict between the parties or may be found by the statements in Gap's Evidence Nos. 1 through 4, 6 through 9, 11, 12, 18, 19, 24, Eul's Evidence Nos. 1, 5, 9, 11, 13 (including branch numbers):

A. 1) The Defendant is a corporation established with the purpose of creating a site and selling the land for business purposes.

2) On December 14, 2015, the Plaintiff entered into an exchange contract with the Defendant to exchange C’s mother C (hereinafter “Defendant’s real estate”) with D forest 28,401 square meters (hereinafter “Plaintiff’s real estate”) and the Defendant’s H large scale 90 square meters (hereinafter “Defendant’s real estate”) on behalf of the Defendant, both of which the Plaintiff and C owned, in both weeks, trusted to E Company, and both of which are the F-based Office G heading (hereinafter “instant officetel”) and the Defendant’s ownership (hereinafter “instant exchange contract”).

However, as a result of calculating the price of the Plaintiff’s real estate and the Defendant’s real estate, the difference occurs to KRW 278 million, the Defendant paid KRW 3.3 million in cash to C by adding KRW 25 million to KRW 278 million, and the Defendant developed the Plaintiff’s real estate and paid it as a collateral.

In addition, since the defendant's real estate was entrusted to the trust company, if the defendant pays the money to C as above, C paid the money to the trust company by paying the trust amount of KRW 618 million with the money borrowed from another bank, and cancelled the registration of the trust and completed the registration of the transfer of ownership in the name of C.

3) According to the instant exchange contract, C completed the registration of the transfer of ownership in the name of the Defendant on December 24, 2015 with respect to the Plaintiff’s real estate, and, in order to secure the amount to be paid in cash from the Defendant, C established the right to collateral security (the maximum amount of claim KRW 3.3 billion) on the Plaintiff’s real estate, and was appointed as the director and the joint representative director of the Defendant Company.

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