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(영문) 서울중앙지방법원 2014.12.19 2014가단5182462

손해배상(기)

Text

1. From April 28, 2011 to October 28, 2014, Defendant Saturdays Co., Ltd.: (a) KRW 50 million to the Plaintiff.

Reasons

1. Determination as to the claim against Defendant Saturdays Industry Corporation

A. The part of the “reasons for Claim” attached to the indication of the claim is corresponding to Defendant Saturdays Co., Ltd.

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

2. Determination on the claim against Defendant Asian Trust Co., Ltd.

A. (1) On April 10, 2009, the Plaintiff: (a) concluded a sales contract with Defendant Saturdays Industry Co., Ltd. (hereinafter “Defendant Saturdays Industry”); and (b) transferred the registration of ownership transfer based on trust to Defendant Asia Trust Co., Ltd. (hereinafter “Defendant Asia Trust”) on November 6, 2008; and (c) on April 10, 2009, the sales contract was concluded on April 10, 2009 (hereinafter “instant sales contract”); (d) the sales price was KRW 50 million; and (e) the outstanding payment date was KRW 30 million; and (e) the purchase price was fully paid by remitting KRW 20 million on April 13, 2009, respectively. < Amended by Presidential Decree No. 21444, Apr. 13, 2009>

(2) As 209Kadan91460, the Plaintiff filed an application for provisional attachment against the Plaintiff’s claim for ownership transfer registration of the instant real estate held against the Defendant Asian Trust upon termination of the trust in the future. On August 12, 2009, the court rendered a decision of acceptance of the said provisional attachment application (hereinafter “decision of provisional attachment”).

The provisional attachment decision of this case was served on August 17, 2009 on the defendant Asian Trust.

(3) Defendant Asia’s trust proceeds with respect to the public auction of 35 apartment units, including the instant real estate, as Defendant Saturdays was unable to repay the debt of the loan. On March 25, 2011, Defendant Asia’s trust completed the registration of transfer of ownership on the instant real estate to C who won the bid of the instant real estate in the said public auction procedure, and completed the registration of transfer of ownership on April 28, 201, and following the disposition of trust property.