beta
(영문) 수원지방법원 2017.08.23 2016가단541235

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 16, 2013, the Plaintiff completed the registration of ownership transfer based on the exchange on January 7, 2013 with respect to 401 square meters and 239 square meters (hereinafter “each of the instant real estate”) prior to Yeongdeungpo-gu, Young-gu, Chungcheongnam-gu, Seoul.

B. On December 7, 2015, the Defendant is a company running the construction business, and as the Suwon District Court Decision 2015Kadan20380, Suwon District Court Decision 2015Kadan2030, “The Defendant has the claim to refund KRW 300 million to D with respect to each of the instant real estate. D concluded a sales contract with E Co., Ltd. on each of the instant real estate, and E Co., Ltd. concluded an exchange contract with G and H on each of the instant real estate, and completed the registration of ownership transfer in the future of the Plaintiff, the title trustee. Accordingly, the Defendant: (a) on the ground that “the right to seek cancellation of the ownership transfer registration and the right to seek cancellation of ownership transfer registration based on the subrogation right, and the right to seek provisional disposition against the Plaintiff on each of the instant real estate by accepting the claim for provisional disposition as the right to preserve the ownership transfer registration based on the subrogation right, and (b) the above court rendered a provisional disposition that cited each of the instant provisional disposition (hereinafter referred to as “the instant provisional disposition”).

C. On February 11, 2016, the Plaintiff filed an order against the Defendant as Suwon District Court 2016Kadan24, and the said court ordered the Defendant to file a lawsuit on February 16, 2016. Accordingly, the Defendant filed an order against the Plaintiff, G, H, and E on March 4, 2016, filed for the cancellation of the ownership transfer registration for each of the instant real estate, with G, H, H, and E, and filed for the registration of ownership transfer for each of the instant real estate with the Plaintiff primarily, and with the Plaintiff as to each of the instant real estate.