beta
(영문) 서울서부지방법원 2021.03.25 2020가합32923

손해배상(기)

Text

Defendant C and Defendant D Co., Ltd. jointly with the Plaintiff and KRW 700,000,000 among them and KRW 100,000,000 among them, respectively.

Reasons

Basic Facts

A. On November 30, 2017, the Plaintiff entered into a real estate sales contract with Defendant D Co., Ltd. (hereinafter “Defendant D”) with a view to purchasing the forest land of KRW 4302 square meters (hereinafter “instant land”) and KRW 1030 square meters (hereinafter “instant G land”; hereinafter “each of the instant land and G land” referred to as “each of the instant land”) in the part indicating the divided drawings among the G land and G land, and the land of KRW 91 square meters in the forest of KRW 750,000,000 (hereinafter “instant sales contract”).

B. On December 1, 2017, the Plaintiff paid Defendant D the sum of KRW 100,000,000,000 for the down payment, KRW 200,000 for the intermediate payment on December 14, 2017, and KRW 200,000 for the intermediate payment on March 6, 2018, and KRW 700,000 for the remainder payment on September 20, 2018.

(c)

Defendant D completed on December 22, 2017 the registration of the transfer of ownership on the grounds of sale on the same day with respect to the share of 3807 percent of the instant F land from E on the same day (the remaining share of 495 percent of the instant F land was changed by the transfer of ownership in H’s name on the grounds of sale on the same day).

On December 22, 2017, the registration of the establishment of the right to collateral security (the first registration of the establishment of the right to collateral security) was completed on December 22, 2017, the registration of the establishment of the right to collateral security (the second registration of the right to collateral security) was completed on the same day, which was the JW of the mortgagee, the debtor, the debtor D, the maximum amount of the claim 600,000,000.

After that, the registration of establishment of the right to collateral security was cancelled on August 8, 2018 on the ground that the registration of establishment of the right to collateral security was cancelled on June 25, 2018, respectively. < Amended by Presidential Decree No. 28740, Aug. 8, 2018>

E. On August 8, 2018, regarding the instant F land, the registration of the establishment of the right to collateral security, etc. was completed, including K Co., Ltd., the debtor H, the maximum amount of claims 1,368,000,000, for the instant land. On the same day, the registration of the establishment of the right to collateral security (300,000, the maximum amount of claims) was completed.

In addition, among the land in this case, 3807/4302 of the shares of Defendant D among the land in this case.