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(영문) 부산지방법원 2016.04.21 2015가단55195

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 April 18, 2003, the Defendant purchased apartment units (the apartment units, etc. of this case in total, including the so-called light town, the above site and apartment units) and the apartment construction project right, etc., which were newly constructed on the building site and its ground of the Nam-gu, Seocheon-gu, Seoul Metropolitan City, 358-4 large 4,072.5 square meters, and newly constructed apartment units.

B. On June 25, 2013, the Defendant asserted that on November 24, 2011, the agreement was concluded on the transfer of the right to construct an apartment including the instant apartment, etc. (hereinafter “instant transfer agreement”), and accordingly, that the Defendant applied for provisional attachment of KRW 2,150,00,000 owned by the Plaintiff as the preserved right and filed an application for provisional attachment of KRW 2,150,00 with the Ulsan District Court 2013Kahap522, Ulsan District Court 2082-5, Ulsan District Court 1082-5, 771.9 square meters on the ground, and 106 through 108, 201 through 204, 206 through 208, 301 through 305, 401 through 405, 501 through 401, 501 through 207, 701, 701 through 207.

C. The Plaintiff filed an objection against the foregoing provisional attachment order with the Ulsan District Court 2013Kahap596, and the Ulsan District Court rendered a ruling revoking the instant provisional attachment order and dismissing the Defendant’s application for provisional attachment on the ground that the agreement on the transfer contract of this case was modified on February 13, 2014, etc., and accordingly, the Ulsan District Court revoked the instant provisional attachment order and subsequently revoked the registration of the entry of the instant provisional attachment on September 25, 2014.

[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 3, and 5 (including provisional lot number notes), each fact which is significant to this court

2. The plaintiff.