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(영문) 울산지방법원 2017.06.13 2016가단16961
손해배상(기)
Text

1. As to the real estate stated in the separate sheet between the defendant and C, a trade reservation entered into on December 16, 2013, and a trade reservation entered into on September 3, 2014.

Reasons

1. Facts of recognition;

A. On December 4, 2009, the Plaintiff filed a lawsuit against C for the payment of the construction cost, etc. (2008da44565) with the Ulsan District Court, which rendered a judgment that “C” was sentenced to the Plaintiff on November 1, 2008 to December 4, 2009, 5% per annum from November 1, 2008 to December 4, 2009, and 20% per annum from the next day to the date of full payment.” The above judgment became final and conclusive on December 29, 2009.

B. C was the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”). As to the instant real estate, the ownership transfer registration under the Defendant’s name was completed on the ground of the provisional registration of the Defendant’s right to claim ownership transfer on the ground of the pre-sale agreement (hereinafter “instant pre-sale agreement”) signed on December 17, 2013 by the Ulsan District Court No. 121710, Sept. 29, 2014 (hereinafter “instant pre-sale agreement”); and the said court’s transfer registration was completed on September 3, 2014 as of September 29, 2014 (hereinafter “instant sales agreement”).

After that, on October 15, 2014, No. 108022 received on October 15, 2014, the transfer registration in the name of D was made on the ground of sale on the seventh day of the same month.

C. Meanwhile, prior to the instant promise, the Ulsan District Court received on May 20, 2008 as of the said real estate on May 20, 2008: (a) registered creation of a neighboring mortgage of KRW 130 million with respect to the said real estate (hereinafter “registration of creation of a deposit for lease on a deposit basis”); (b) the said court received on February 25, 2009 as of KRW 16594; (c) registered establishment of a right to lease on a deposit basis (hereinafter “registration of chonsegwon”); and (d) registered the establishment of a right to lease on a deposit basis (hereinafter “registration of creation of a deposit”) with the debtor C, creditor E, maximum debt amount of KRW 30 million with respect to the said real estate as of KRW 18043, the said court received on February 25, 2011 as of KRW 600,000,000,000 won with respect to a deposit for lease on a deposit basis as well as the maximum debt amount of KRW 600,00.

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