손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. B’s spouse D completed the registration of ownership transfer on August 16, 2001 with respect to each real estate listed in the separate sheet “Real Estate List” (hereinafter “instant real estate”) on August 28, 2001.
B. B filed a lawsuit against D on January 30, 2012 to demand for the performance of the procedure for the registration of ownership transfer based on the termination of a title trust agreement regarding the instant real estate.
(B) On August 25, 2012, the judgment in favor of B (hereinafter “instant judgment by public notice”) was rendered on August 25, 2012, when the instant case was conducted by means of serving a complaint, a writ of summons for the date of pleading, etc. on the complaint, the date of pleading, etc.
C. On February 1, 2013, the Plaintiff concluded a sales contract with B to purchase the instant real estate amounting to KRW 143,000,000 (hereinafter “instant sales contract”). On the same day, the Plaintiff paid KRW 10,000,000 to B as the down payment, and KRW 133,000,000 as the remainder payment on February 20, 2013, respectively.
B On February 4, 2013, according to the instant judgment by public notice, completed the registration of ownership transfer based on the cancellation of title trust as of March 21, 2012, with respect to the instant real estate by public notice, and completed the registration of ownership transfer with respect to the instant real estate to the Plaintiff on the same day.
E. On March 4, 2013, D filed a subsequent appeal against the instant judgment by public notice (Seoul District Court 2013Na2449). On September 12, 2013, the said appellate court rendered a judgment dismissing B’s claim on the grounds that “D’s subsequent appeal is lawful, and there is no evidence to acknowledge the title trust of B’s claim for the ownership transfer registration of the instant real estate on the ground that D’s termination of title trust with respect to B,” and the said judgment became final and conclusive around that time.
F. D: (a) on February 19, 2014, the transfer of ownership to the instant real estate registration against the Plaintiff and B by the Gwangju District Court 2014Kadan8542 (main office) and the 2014Gadan527 (Counterclaim).