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(영문) 서울중앙지방법원 2016.02.18 2014가합49291

손해배상(기)

Text

1. The Defendant’s KRW 305,849,798 as well as the Plaintiff’s annual rate from September 14, 2012 to February 18, 2016.

Reasons

1. Basic facts

A. 1) B Co., Ltd. (hereinafter “B”) such as the omission of the registration of the instant provisional disposition and the registration of the registry officer’s “ separate registration”

(C) 9,990 square meters (hereinafter “instant site”) shall be deemed to be the instant site in the City of Innju, which was owned by the owner.

On July 30, 2007, the registration of ownership transfer was completed in the name of D on July 30, 2007. Accordingly, on March 31, 2008, Suwon District Court Decision 2008Kahap140, "The right to claim the cancellation of a sales contract based on the cancellation of a fraudulent act and the right to claim the cancellation of registration of ownership transfer registration" as the preserved right (hereinafter "the provisional disposition in this case").

2) On the same day, the registration of provisional disposition on the site of this case (hereinafter “registration of provisional disposition of this case”) shall be made.

2) On May 26, 2008, F Co., Ltd. (hereinafter “F”) completed the registration of the right to claim ownership transfer on the instant site. On September 25, 2008, F Co., Ltd. (hereinafter “F”) completed the principal registration of the right to claim ownership transfer on the instant site, and subsequently completed the registration of the right to claim ownership transfer on September 25, 2008, for the registration of the right to claim ownership (hereinafter “instant right to claim ownership registration”).

3) On the other hand, on September 25, 2008, the Suwon District Court’s branch office, upon receipt of an application for registration of preservation of ownership with respect to G postponed from F, entered the registration in the column for “an indication of site right” in the title section, and entered “A separate registration” in November 14, 201. B. The Plaintiff’s acquisition of ownership with respect to the Plaintiff’s G postponed establishment in each of the households of G postponed, as follows, entered “A separate registration” in the column for “an indication of site right.”

) The Plaintiff purchased ownership and acquired ownership (hereinafter “each of the buildings of this case” without distinguishing each household unit of G-affiliated acquired by the Plaintiff, and, in the case of separate statements, the acquisition date of the object of auction case No. 1101, 202, 81, 99, 99 won on October 21, 201, 301, 301, 78.