손해배상(기)
1. Of the judgment of the first instance court, the part against the plaintiff falling under the following order of payment shall be revoked.
The defendant.
1. Basic facts
A. On November 18, 2010, the Defendant completed on November 17, 2010 the registration of ownership transfer due to the purchase and sale of the C Building D (hereinafter “instant housing”) to the Plaintiff on November 17, 2010.
B. On October 14, 2016, the Defendant filed a claim against the Plaintiff for the payment of the purchase price of real estate (hereinafter “instant lawsuit”) with the Incheon District Court Branch (2016Ga group 238566), stating that “The Defendant, while selling and selling the instant house to the Plaintiff, had an agreement with the Plaintiff to obtain ownership transfer from the Plaintiff of the building F of Kimpo-si, Kimpo-si (hereinafter “water repayment agreement”). However, on the ground that the Plaintiff’s non-performance of the registration of transfer of ownership was impossible, the Defendant filed a claim for the payment of the balance of the purchase and sale of the instant house (hereinafter “the instant lawsuit”).
(c)
In accordance with the defendant's application for provisional disposition, the Busan District Court's Branch (2016k only 2360k only) shall not sell, donate, lease on a deposit basis, establish a mortgage, or right to lease on a deposit basis, or perform any other act of disposal on a deposit basis with the debtor on November 9, 2016, with the right to claim for registration of transfer of ownership of real estate under a real estate exchange contract on October 18, 2010.
“The instant provisional disposition” (hereinafter referred to as “the instant provisional disposition”) was decided and the registration of the provisional disposition was completed on the same day.
(d)
Since then, on January 18, 2018, the first instance court (Seoul District Court Branch Decision 2016Ga23856) rendered a judgment dismissing the defendant's claim on the grounds that the existence of the Plaintiff's obligation to pay the balance of the purchase and sale to the Defendant or of a substitute repayment agreement cannot be recognized. The appellate court (Seoul District Court Decision 2018Na1292) dismissed all the defendant's appeal and additional conjunctive claim on January 25, 2019. The appellate court (Supreme Court Decision 2019Da2889) dismissed the defendant's appeal on May 30, 2019, and the final appeal (Supreme Court Decision 201Da2889) became final and conclusive as it is.
E. On September 24, 2019, the Defendant filed an application for the rescission of the instant provisional disposition with the Busan District Court Branch Branch, and on September 30, 2019.