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(영문) 수원지방법원 2018.12.04 2017가합20220

손해배상(기)

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. A. Defendant F and the Defendants’ exchange contract, etc. 1) between H and H on behalf of Defendant G and H on August 10, 2012, Defendant G, as indicated in the separate sheet on behalf of Defendant G, each of the real estate owned by Defendant G at the time (hereinafter “Echeon Land”).

) Shares 9,917.4/39,273/273 of Jin-si District Jin-si District owned by both I and I and H (a specific part of approximately 3,000 square meters, hereinafter referred to as “use land”).

2) The contract to exchange (hereinafter referred to as “instant exchange contract”)

(2) The contract of the exchange contract of this case states that “When the alteration of use (natural green belt) is completed, 4,000 square meters in total shall be donated to a third party and the area shall be calculated and paid up to 12,000 square meters in total, and 1 billion won in total shall be calculated and paid up to 4,000 square meters in total (hereinafter “the contract of this case”).” (hereinafter “the contract of this case”).

3) On August 22, 2012, H made a provisional attachment (the creditor bankruptcy trustee, the Korea Deposit Insurance Corporation, the claim amount of KRW 362,647,830) and three collateral security (the total amount of KRW 180,00,000) registered on the land which is permissible until August 22, 2012. (B) Defendant G’s prior registration with respect to the Plaintiffs of the instant exchange contract is a prior performance of the instant exchange contract at the request of H, and on December 20, 2012, the network A (hereinafter “the network”).

(C) On December 24, 2013, 201, H did not cancel the registration of collateral security worth KRW 150,000,000 in total among the limited real rights agreed to cancel the land at the time of the instant exchange contract, and instead did not cancel the registration of collateral security worth KRW 150,00,000 in total among the limited real rights agreed to cancel the land at the time of the instant exchange contract, and on January 24, 2013, the land was permissible to Defendant F designated by Defendant G.