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(영문) 울산지방법원 2015.01.30 2013가단36292

손해배상(기)

Text

1. Defendant B’s KRW 60,000,000 as well as annual 5% from September 11, 2013 to February 3, 2014, and the next day.

Reasons

1. Claim against the defendant B

A. (i) On November 17, 201, the Plaintiff acquired the ownership by winning the bid in the auction procedure for real estate rent, which was commenced with respect to the ownership of the Plaintiff’s East-gu E, Ulsan-gu and one-half shares of 177.6 square meters and F road 4.7 square meters (hereinafter “instant real estate”).

Luxembourg agreed to entrust the title of the instant real estate to Defendant B, and accordingly, the registration of ownership transfer was completed on May 29, 2013 by the Ulsan District Court Branch of the Ulsan District Court No. 43516, which was received on May 29, 2013.

Defendant B arbitrarily sold the instant real estate to Nonparty G on September 11, 2013, and the U.S. District Court of Ulsan District on September 17, 2013, the registration of ownership transfer was completed in G as the receipt of No. 75299 on September 17, 2013.

• At the time Defendant B sold the instant real estate, the value of the instant real estate was KRW 240 million, and the maximum debt amount was set at KRW 180 million.

[Grounds for Recognition] The recommendation of confession under Article 150(3) and (1) of the Civil Procedure Act

B. According to the above facts of recognition, Defendant B is liable to compensate the Plaintiff for the damages incurred to the Plaintiff, since it is determined that Defendant B incurred loss of ownership of the instant real estate by arbitrarily disposing of the instant real estate entrusted by Defendant B to a third party.

Therefore, the Defendant is obligated to pay to the Plaintiff 60 million won (the value of the instant real estate at the time of disposal 240 million won - the maximum debt amount of the right to collateral security - the maximum debt amount of 180 million won) and 5% per annum prescribed by the Civil Act from September 11, 2013 to February 3, 2014, which is the delivery date of a copy of the complaint, and 20% per annum from the next day to the day of full payment.

2. The Plaintiff asserted that Defendant C was responsible for compensating for the damages suffered by Defendant B and each of the Plaintiff, since Defendant C participated in the tort described in the above paragraph (1) of this Article. However, Defendant C was liable for compensating for the damages.