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(영문) 서울서부지방법원 2015.04.24 2014가합4866

손해배상(기)

Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit;

Reasons

1. Basic facts

A. D, around 2002, entered into a contract with E to exchange the instant house owned by D with the folklore located in Songpa-gu Seoul, Songpa-gu, Seoul. At that time, D bears the Plaintiff’s debt amounting to KRW 45 million, and D transferred the ownership of the instant house to the Plaintiff, instead of paying the debt amounting to the Plaintiff.

B. However, considering that it is inappropriate for the Plaintiff to acquire the ownership of the instant housing in his name as a non-permanent passenger, the Plaintiff decided to hold the ownership of the instant housing in consultation with Defendant B around May 2002.

C. Accordingly, around May 2003, the Plaintiff and D shall immediately transfer the ownership of the instant housing to E and immediately transfer it to Defendant B, and complete the registration of ownership transfer in the future of Defendant B regarding the instant housing.

On the other hand, on March 25, 2009, the Plaintiff entered into a contract with G to sell the instant housing amounting to KRW 9 million between G and Defendant B.

4.7. According to the above sales contract between the Plaintiff and G, the ownership of the instant housing was transferred to G.

E. Accordingly, on February 4, 2010, G filed a lawsuit against Defendant B seeking the implementation of the procedure for the ownership transfer registration of the instant housing (this Court Decision 2009Da45248) and rendered a judgment on February 4, 2010 that “Defendant B shall receive KRW 3 million from G and at the same time implement the procedure for ownership transfer registration for the instant housing on April 7, 2009 (hereinafter “the final judgment of this case”) became final and conclusive on December 28, 200, and KRW 3 million was paid on behalf of the Plaintiff when Defendant B terminated the lease contract and demanded the return of the lease deposit.

F. On the other hand, Defendant B transferred ownership despite the final judgment of this case.