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(영문) 수원지방법원 평택지원 2018.08.08 2017가합11102

손해배상 청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant’s provisional disposition and the result of the principal lawsuit are as follows: (a) The Plaintiff’s respective real estate listed in the attached real estate list (hereinafter “instant real estate”).

(2) The Defendant, on December 18, 2006, obtained a decision of prohibition of disposal of the instant real estate (this Court Decision 2016Kadan763) on July 8, 2016 on the provisional disposition of prohibition of disposal (this Court Decision 2016Kadan763), and completed the provisional disposition on the same day.

(3) On August 23, 2016, the Defendant filed a lawsuit against the Plaintiff for the performance of the procedure for ownership transfer registration (this Court 2016Gahap891) as the principal lawsuit of the above preservative measure. However, the above court rendered a ruling dismissing the Defendant’s claim on January 12, 2017. Although the Defendant appealed against this, the appellate court (Seoul High Court 2017Na2012200) sentenced the dismissal of appeal on December 15, 2017. The above judgment became final and conclusive on January 6, 2018.

(1) On September 3, 2015, the Plaintiff concluded a sales contract with the Plaintiff to sell the land No. 14 in the sequence No. 14 in the attached Table No. 1500,50,000 in the purchase price, with the Plaintiff and the Plaintiff’s sales contract and the return of down payment.

2 Even though the Plaintiff sold the land No. 14 of the [Attachment] No. 11 on November 11, 2016 to the Defendant of this case, the Plaintiff, at around 2006, conspireded to transfer the ownership of the said land without saying it to the Defendant of the instant case, a full-scale comprehensive construction. As such, the above sales contract was revoked by an expression of intent by fraud.

For reasons, "the sum of 400 million won in down payment and intermediate payment due to the return of unjust enrichment against the plaintiff, and 200 million won in total as damages based on illegal acts.