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(영문) 수원지방법원 2016.07.19 2015가단142150

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff intended to purchase only 1,511 square meters out of the land in the wife population C at the time of subdivision from the land seller at the time of purchase of 1,711 square meters from the land buyer, but the Plaintiff intended to purchase 200 square meters from the D company’s actual business owner of D company, which is the right holder of 3246/2614 of the above land. The Plaintiff and E shared the purchase price of 1,711 square meters and purchased shares in the name of the Plaintiff and registered the transfer of shares after purchasing shares in the name of the Plaintiff. On April 12, 2010, the Plaintiff and E divided the part purchased in the land in the wife population C at the time of subdivision under the name of the Plaintiff, and divided the part purchased by the Plaintiff and E into the co-owned property partition as the land in the F 5175 square meters (hereinafter “undivided F site at the time of subdivision”).

B. The Plaintiff’s measure against G around December 2012, 201, as the wife of E.

In order to transfer ownership of 618 square meters (200 square meters) among F land in the F site that was sold in lots before partition of co-owned property in the port, I, E, representative director H, and actual management owner of the Plaintiff, entrusted the Defendant with registration affairs to transfer ownership of 618 square meters out of F land before partition.

C. On December 18, 2012, with respect to the shares 618/5 of the F site before subdivision, a share transfer registration has been filed in the name of G on December 18, 2012. On January 31, 2013, the F site before subdivision (hereinafter “F site after subdivision”) was registered in the form of F large scale 457 square meters and J large scale 618 square meters (hereinafter “J site”). On March 7, 2013, the transfer registration was filed in the name of G on March 7, 2013 with respect to the share of 1519 square meters in the Plaintiff’s name transferred in the J site as of March 8, 2013.

The Plaintiff left the shares 618/1725 of G name (hereinafter referred to as the “instant shares in dispute”) in the name of the Plaintiff in the name of the Plaintiff after the division. The instant shares in dispute were provisionally seized as KRW 182,750,000 on October 11, 2013 by the Korea Credit Guarantee Fund, a creditor of G, in the name of the Plaintiff. < Amended by Presidential Decree No. 24274, Oct. 15, 2013; Presidential Decree No. 24284, Oct. 15, 2013>