손해배상(기)
1. Defendant B shall pay to the Plaintiff KRW 62,88,320 as well as 12% per annum from October 26, 2019 to the day of full payment.
1. Facts of recognition;
A. On June 28, 2019, the Plaintiff concluded a sales contract (hereinafter “instant sales contract”) with Defendant B regarding the Ulsan-gu E Apartment F (hereinafter “instant real estate”).
B. At the time of the conclusion of the instant sales contract, the instant real estate was set up three (3) collateral mortgages, including two (2) collateral mortgages, and one (3) collateral mortgages, which were set up as the mortgagee H, and there was no burden of other provisional seizure, seizure, mortgage, etc., and the Plaintiff and Defendant B decided to cancel each of the above collateral mortgages on the remainder of the sales contract as stipulated under the instant sales contract agreement.
C. On June 28, 2019, the Plaintiff borrowed KRW 216 million from GI Center Co., Ltd. to pay the remainder, and paid all the remainder of the instant sales contract to Defendant B. Defendant C, an exclusive certified judicial scrivener G Co., Ltd., entrusted the Plaintiff and Defendant B with the authority to execute the instant registration affairs, including the preparation and submission of an application for ownership transfer registration under the name of the Plaintiff (hereinafter “instant ownership transfer registration”).
C. At around 17:40 of the same day according to the above acceptance, Defendant C filed an application for the registration of ownership transfer of this case with the Ulsan District Court (Receipt No. 96628) and the registration of ownership transfer of this case was cancelled.
Meanwhile, on June 28, 2017, J Co., Ltd., the creditor of Defendant B (hereinafter “J”) received a provisional attachment decision (amounting to KRW 62,888,320) with regard to the instant real estate by the Seoul Central District Court 19Kadan10783, and the provisional attachment registration was received by the Ulsan District Court at around 13:40 on the same day, and the Ulsan District Court received a provisional attachment registration from the Ulsan District Court at around 13:40 on the same day and completed the provisional attachment registration (hereinafter “instant provisional attachment registration”).
(e) Ulsan District Court shall be the District Court on December 13, 2019.