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(영문) 대구지방법원 2015.05.08 2014가단55724

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 25, 2013, the Plaintiff filed a lawsuit against C with the Daegu District Court 2012Gahap12140 and was sentenced to the said court’s judgment that “C shall pay the Plaintiff 369,842,000 won with interest of 20% per annum from November 29, 2012 to the date of full payment,” and the said judgment became final and conclusive around that time.

B. In accordance with the foregoing final judgment, the Plaintiff filed an application for compulsory auction of real estate with the Daejeon District Court for the compulsory auction of real estate on August 20, 2013 with respect to the 71m2, E, 7m2, 570m2, F, G, 280m2, H, 140m2, 140m2, and 61m2,000,000,000,000,000 m2,000,000,000,000,000,000

C. The Defendant filed a lawsuit against the Plaintiff regarding the cancellation of the registration of transfer of title and the registration of transfer of ownership in the name of the Defendant with respect to the title of 570 square meters and 61 square meters in the name of the Republic of Korea, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and the name of 61 square meters in the name of the Defendant, among the above real estate. Since C was merely a person who received a title truster’s registration with respect to each of the above real estate from K upon request of the Defendant, the title truster, and merely was a person who received a title truster’s registration with respect to each of the above real estate, and the registration of transfer of ownership with respect to each of the above real estate was null and void, the Daejeon District Court rendered that the Plaintiff filed a lawsuit against the Plaintiff for the cancellation of the registration of transfer of ownership and the registration of transfer of ownership in the name of 30 square meters in the name of 570 square meters in the name of Seosan-si, Chungcheongnam-si, Chungcheongnam-si, and that of 301 square meters in the above final judgment.

On the other hand, the Daejeon District Court's Busan District Court is supported by the plaintiff and defendant.