손해배상(기)
1. The defendant shall pay 270,000,000 won to the plaintiff and 12% per annum from November 16, 2019 to the day of full payment.
1. Determination on the cause of the claim
A. The facts of recognition 1) around May 2018, the Defendant is the Ulsan-gu Seoul Multi-Family Housing Construction Corporation (hereinafter “instant construction”) implemented by the Defendant as the owner of the building around Ulsan-gu.
D Co., Ltd. (hereinafter referred to as “D”) as the contractor
) 4 households, such as the 6th E, F, 7th G heading, and H heading (hereinafter referred to as “each of the instant multi-family housing”) where D will be constructed later between D and D (hereinafter referred to as “each of the instant multi-family housing”), and if necessary, the term “heading”.
(2) Around December 2018, U.S. District Court Order 2018Kadan3513 (U.S. District Court Order 2018Kadan3575), the Defendant agreed to pay the instant construction cost by completing the complete registration of transfer of ownership from D to a third party. In accordance with the agreement, the Defendant signed and sealed the seller’s column with respect to the above four units, and issued each sales contract with the buyer’s column. (2) The Plaintiff, a creditor of D, did not repay the Plaintiff’s obligations to D, and thus, provisionally seized D’s share of the construction cost claim against D’s Defendant, and its member’s share based on D’s investment certificate against D’s I Financial Cooperative, as the Plaintiff did not pay the Plaintiff’s obligations to D.
3) On December 17, 2018, J on behalf of D, agreed to transfer the Plaintiff’s claim security interest rate of KRW 270 million to the Plaintiff, and delivered to the Plaintiff a sales contract for G-related to the Plaintiff, which was issued by the Defendant, for the purpose of collateral security for the Plaintiff’s claim against D. (4) The Plaintiff did not repay the Plaintiff’s debt to the Plaintiff until the time when D completed the instant construction work. On April 2, 2019, the Plaintiff sent a certificate of content demanding the Defendant to register the ownership transfer of G-related matters. The above content certification was served to the Defendant around that time.
5) On May 28, 2019, the Defendant completed the registration of ownership preservation in the name of the Defendant on May 28, 2019, and completed the registration of ownership transfer based on trust to K Co., Ltd. on the same day. [Grounds for recognition] In the absence of dispute, A and B (Defendant J. A.