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(영문) 의정부지방법원 2016.12.08 2015가단108611

손해배상 등 청구의 소

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On August 6, 2007, the registration of ownership transfer was completed on August 6, 2007 with respect to the land for 3,153 square meters in Gyeonggi-do, Gyeonggi-do (hereinafter “instant land”). On October 30, 2008, the registration of ownership transfer was completed on the ground of sale on September 15, 2008.

B. On March 13, 2009, F completed the provisional disposition registration on the instant land by having the right to claim the cancellation registration of ownership transfer based on the obligee’s right of revocation as the preserved right.

C. On June 11, 2009, the Defendant entered into a contract with the Plaintiff for transfer and acquisition of the instant land and three water intake stations, and permission for the development of spring water (hereinafter “instant contract”). On June 12, 2009, the Defendant completed the registration of ownership transfer in the future of the Plaintiff on the instant land on June 12, 2009, with the acquisition price of KRW 250 million (the contract amounting to KRW 40 million and the balance KRW 210 million).

For the payment of the balance of the instant sales contract on the same day, the Plaintiff prepared a notarial deed (No. 269, 2009, No. 269, No. 2009, No. 2009, No. 2009, No. 2009, No. 2009, No. 2009, No. 2009, No. 2009, No. 2009, No. 2009, No. 2009

E. F filed a lawsuit against the Defendant seeking the revocation of the sales contract as of September 15, 2008 between the Defendant and D (Korean Government District Court 2009Da8857) and the Defendant accepted the claim from the court on April 13, 2010.

F. On February 3, 2010, the Defendant entered into a contract with D and G on the transfer of the Defendant’s claim amounting to KRW 160 million among the Defendant’s claim for the transfer price against the Plaintiff, and drafted a letter of certification (No. 4555, including the preparation of a Multiurury Law Firm, by a notary public).

G. On April 23, 2010, the registration of provisional disposition based on the F’s right of revocation in the F’s name on the instant land was cancelled.

(h)..