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(영문) 인천지방법원 2016.09.23 2016가합53943
손해배상(기)
Text

1. The Defendant’s KRW 199,147,274 as well as 5% per annum from May 29, 2014 to September 23, 2016 to the Plaintiff.

Reasons

1. The Plaintiff asserted the cause of the Plaintiff’s claim: (a) agreed with the Defendant to exchange the land purchased from Nonparty C and the building on its ground with the land owned by the Defendant 13 lots; (b) the registration of the establishment of a neighboring mortgage in the name of Nonparty D, which was known to the cancellation of the said 13 lots of land, was completed and the third party was unable to acquire ownership of the said six lots of land due to the successful bid; (c) the Plaintiff revoked the above exchange contract pursuant to Article 576 of the Civil Act; and (d) claimed payment of damages for the cancellation of the said contract, including KRW 230,601,474, and damages for delay.

2. Determination

A. 1) According to the overall purport of each of the statements and arguments in Gap evidence Nos. 1 through 7, Eul evidence Nos. 2 (including paper numbers) as to the cause of the claim, the Plaintiff’s land and its ground commercial buildings located in Nam-gu Incheon Metropolitan City E from non-party C on April 1, 2010 (hereinafter “instant real estate No. 1”).

(2) On November 15, 2010, the real estate of this case was purchased at KRW 1,100,000,000; and (3) on November 15, 2010, between the Defendant and the Defendant, the real estate of this case was purchased at KRW 13,00,00,000 (based on the land before annexation; hereinafter “instant real estate 2”).

(C) the agreement to exchange with each other (hereinafter referred to as the “instant exchange agreement”).

(3) On November 29, 201 and August 26, 2011, the Plaintiff and the Defendant completed each of the registration of ownership transfer on the first and second real estate in this case to the Nonparty G and H designated by each of the instant parties under the instant exchange contract. ④ However, on October 4, 2013, the Plaintiff and the Defendant completed each of the registration of ownership transfer on the second and second real estate in this case (hereinafter “third real estate in this case”).

The registration of the establishment of a neighboring mortgage on August 5, 2009, which was known that the registration was cancelled as to the non-party D, was registered for recovery due to the final judgment, and the non-party, the second secured mortgage on the real estate of this case, the non-party, the second secured mortgage.

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