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(영문) 수원지방법원여주지원 2016.11.23 2015가단6762

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) C Co., Ltd. (hereinafter “C”) (hereinafter “C”) such as the omission of registration of the instant provisional disposition registration and the registry officer’s “ separate registration”

(C) 9,990 square meters (hereinafter “instant site”) of D Forest land in Innju-si, which is owned by the State.

On July 30, 2007, the transfer registration under E was completed on July 30, 2007. Accordingly, on March 31, 2008, the FF rendered a provisional injunction against disposal that “the right to claim the cancellation of the sales contract based on the cancellation of fraudulent act and the right to claim the cancellation of the registration of ownership transfer” as the preserved right (hereinafter “instant provisional injunction”).

(2) On the same day, the registration of provisional disposition (hereinafter referred to as the “registration of provisional disposition of this case”) on the site of this case has been received.

2) On May 26, 2008, G Co., Ltd. (hereinafter “G”) completed the registration of the right to claim a transfer of ownership on the instant site on September 25, 2008, and completed the principal registration of the right to claim a transfer of ownership on September 25, 2008, and subsequently completed the registration of the right to claim a transfer of ownership on the instant site (hereinafter “instant right to claim a transfer of ownership”).

3) On the other hand, on September 25, 2008, the Suwon District Court’s branch office, upon receipt of an application for registration of ownership preservation from G for H-type establishment and registration, omitted the entry “A separate registration is made” in the column for “an indication of the site right” in the title section, and entered “A separate registration is made” in November 14, 201. (b) The Plaintiff’s acquisition of the Plaintiff’s ownership of H-type establishment from G on August 3, 2011 (hereinafter “instant building”).

(C) The purchase of the instant building at KRW 100 million and completed the registration of ownership transfer as to the instant building on the same day. Meanwhile, F is based on the title trust of J (hereinafter “J”) with respect to the registration of ownership transfer in the name of E, which was completed around the instant site against Suwon District Court Sung-nam Branch 2008Gahap5079 (No. 2079).