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(영문) 대구지방법원포항지원 2020.07.07 2020가단100657

손해배상(기)

Text

1. The Defendants jointly share KRW 56,869,445 with respect to the Plaintiff and the period from March 6, 2020 to July 7, 2020.

Reasons

1. Case summary and judgment

(a) Each of the following facts shall be admitted in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 10 (including a serial number, if any) without a dispute between the parties:

1) The Plaintiff is entitled to “instant land” on the land of the said two lots, which is located in Nam-gu, Nam-gu, 541 square meters and E large scale 85 square meters (hereinafter “instant land”).

(2) The Plaintiff entered into a contract with F Co., Ltd. for the construction of the said building by April 30, 2019 with respect to each of the following units: (a) the owner of the said building and the owner of a multi-family housing building newly constructed on the instant land; (b) the owner of the said multi-family housing, who was approved the use of the said building on April 25, 2019; and (c) the sales contract was concluded by April 30, 2019.

Around March 18, 2019, Defendant C filed an application for provisional seizure against the land of this case with the obligee as the Defendant company on the following grounds: (a) the auditor of the Defendant company and the husband of the Defendant company representative director G; (b) the Plaintiff, as if the above construction contract was directly concluded between the Defendant company, the Plaintiff forged the construction contract in the name of the Plaintiff; and (c) the Plaintiff applied for provisional seizure against the Plaintiff around March 18, 2019; and (d) the provisional seizure decision (Tgu District Court Branch Branch Branch Branch Decision 2019Kadan10278 on March 26, 2019) and the registration (Tgu District Court Branch Branch Branch Branch Branch Branch Decision 21050 on March 26, 2019).

Defendant C was sentenced to imprisonment with prison labor for ten months on December 19, 2019 for the crime of forging private documents and uttering of a falsified private document under the aforesaid construction contract.

(F) The Plaintiff’s sales affairs were delayed until the registration of provisional seizure was revoked by the buyer of the building at issue, and the Plaintiff’s sales affairs were delayed until the buyer of the building at issue, and accordingly, until November 2019, until the registration of provisional seizure was revoked. Accordingly, the Plaintiff’s sales affairs were delayed. < Amended by Presidential Decree No. 24275, Nov. 2, 2019; Presidential Decree No. 244757, Dec. 27, 2019>