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(영문) 광주지방법원 2020.09.25 2019가단25672

손해배상(기)

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On October 16, 2015, C, the Plaintiff’s spouse, entered into a sales contract with D Co., Ltd. (hereinafter “D”) on the e apartment F, Gwangju Dong-gu (hereinafter “instant apartment”), and on April 28, 2018, the Plaintiff acquired the status of buyer based on the instant apartment sales contract from C.

B. On October 25, 2018, G Co., Ltd. (hereinafter “G”), a creditor of D, filed an application for provisional attachment with the Gwangju District Court 2018Kahap50524 regarding the claim for the sale price of KRW 78,782,00 among the claim for the sale price against the buyers of D, with D as the debtor, and 78 buyers who entered into a contract for sale with D as the third debtor, and received the determination of admitting the claim for the sale price of KRW 78,782,00, respectively.

(hereinafter referred to as "G provisional seizure"). (c)

G was sent to C on October 29, 2018 by indicating C as a third debtor without knowing that the Plaintiff acquired the status of a buyer from C.

The Plaintiff thought that the remainder of the purchase price of the instant apartment should be deposited KRW 78,782,00 among the remainder of the purchase price of the instant apartment upon the decision of provisional attachment. On December 12, 2018, the Plaintiff, a certified judicial scrivener designated D, delegated the deposit and the registration of ownership transfer to the Defendant, and deposited KRW 78,782,00 out of the purchase price of the instant apartment with the Defendant’s bank account (CF) (hereinafter “the sale price of the instant apartment”), and the remainder of the sale price of KRW 21,840,450,000, were deposited to D.

The plaintiff completed the registration of transfer of ownership in the name of the plaintiff on the same day.

E. As above, the Defendant contacted the Plaintiff that “The sales price of this case would be paid to D” after the completion of the registration of ownership transfer in the Plaintiff’s name, but the Plaintiff did not contact with the Plaintiff after the Plaintiff agreed to pay the sales price.

F. Accordingly, the Defendant deposited the sales price of this case in D on January 3, 2019, and the following month on the following day.

4. The Plaintiff’s registration of the ownership transfer of the instant apartment.