손해배상(기)
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
3. Text of the judgment of the court of first instance;
1. Facts of recognition;
A. On June 3, 2013, the Plaintiff entered into a contract with Defendant B to purchase each land listed in the separate sheet No. 1 (hereinafter “instant building”) and each land listed in the separate sheet No. 2 (hereinafter “instant land”) in the separate sheet No. 3,300,000,000, and entered into a provisional registration on June 7, 2013 with respect to the instant building and land on the same day.
B. As Defendant B did not perform the procedure for the registration of ownership transfer of the instant building and land against the Plaintiff, the Plaintiff filed a lawsuit against the Defendant B for demanding the performance of the principal registration based on provisional registration (U.S. District Court Decision 2013Gahap21984).
On February 6, 2014, the court of first instance sentenced the Plaintiff to the judgment that “Defendant B shall each implement the land transaction application procedure based on the completion of the pre-sale agreement on June 7, 2013 with respect to the instant building and the land specified in Schedule 1 through 6 of Annex 2 among the instant land, and the land specified in Annex 2 List 7, with respect to the land indicated in Annex 2 List 7, on June 7, 2013 (hereinafter “first judgment”).
Although Defendant B filed an appeal and a final appeal, the first preceding judgment became final and conclusive on February 3, 2015, as both the appeal and the final appeal were dismissed.
C. On February 6, 2015, on the basis of the first preceding judgment, the Plaintiff filed a registration of ownership transfer on the ground of the completion of the pre-sale agreement on June 7, 2013 with respect to the instant building and land (No. 7877, Feb. 6, 2015, Ansan District Court), based on the said provisional registration.
On May 20, 2013, Defendant B leased the instant building and land to Defendant C. On February 25, 2015, the Plaintiff filed a lawsuit against the Defendants, who occupied the instant building, claiming for surrender (U.S. District Court Decision 2015Kadan4801).
On November 20, 2015, the court of first instance rendered a judgment in favor of the Plaintiff (hereinafter referred to as “the judgment in favor of the second instance”).