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(영문) 서울중앙지방법원 2018.10.12 2018가합526154
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) began to construct two row houses (hereinafter “the instant apartment houses”) on the ground of the land, such as the Gangwon-do Seocheon-gun D (hereinafter “instant land”) owned by it.

B. E, a mortgagee, applied for a voluntary auction on the instant land, and F was awarded the instant land on July 15, 2005, and the Defendant purchased the instant land from F on July 18, 2005 and received the registration of ownership transfer on the same day.

C. C was exercising a lien on the instant tenement house under construction, and the Defendant entered into a sales contract with C on May 19, 2006 to purchase the instant tenement house from C.

The defendant and C entered into an agreement with the corporation established later by the defendant on the same day to succeed to the rights and obligations of the defendant under the above sales contract.

After that, the Defendant acquired management rights of G Co., Ltd. (hereinafter “G”) and transferred the registration of ownership transfer to G on May 3, 2007.

E. On May 28, 2007, the Plaintiff, C, and G entered into a contract with the Defendant to acquire ownership of the instant tenement house from the Defendant and to pay C the purchase price for the instant tenement house.

F. On August 6, 2007, the Defendant entered into an agreement with H and G on the transfer of the rights and obligations with respect to the instant tenement to H.

[Ground of recognition] The facts without dispute, Gap evidence 2 through 7, Eul evidence 1 to 3 (including branch numbers for those with a serial number), the purport of the whole pleadings

2. The plaintiff's assertion

A. On September 4, 2008, the Plaintiff entered into an agreement with H on the part of the Defendant to sell KRW 247,000,000 in total to the Plaintiff of the I Dong-ho, K, L, and M Dong N (hereinafter “J-ho, etc.”) of the instant tenement house (hereinafter “instant parcelling-out agreement”).

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