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(영문) 대전지방법원 2019.06.19 2017가합107753
손해배상(기)
Text

1. The Defendant’s KRW 1,047,200,000 as well as 5% per annum from November 27, 2018 to June 19, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a stock company C around June 2012 (hereinafter “C”).

) The Ftel, which was under construction on the Daejeon Seo-gu E large scale 435.7 square meters from the Daejeon Sung-gu and D (hereinafter referred to as “Ftel in this case”).

) The owner’s name is transferred in KRW 380,00,000, and the agreement is concluded that “C and D completely deviate from the position of the owner and any rights and obligations as the owner in the future (including any legal relationship arising or arising in connection with the instant Ftel construction) are held by the Defendant” (hereinafter “instant succession agreement”).

The Defendant completed a report on the change in the name of the owner of the instant Ftel on June 24, 2013. 2) As to the 7th floor of the instant Ftel (hereinafter “instant 7 and 8 floors”) among the instant Ftel, each of the registrations of provisional seizure (one-half each) was completed on February 15, 2013 by commissioning the registration of provisional seizure for the execution of provisional seizure, and on October 1, 2013, on October 23, 2015, with respect to the 1/2 share in D name, and on October 23, 2015, the registration of ownership transfer was completed in each of the Defendant’s names.

3) In addition, from among the Ftels of this case, the second to sixth floors (hereinafter “the second to the sixth floors of this case”) are “the building of this case” and “the building of this case” is “the building of this case,” if the building of this case was attached to the seventh and

(4) On January 10, 2014, upon the commission of the registration of provisional seizure for the execution of the provisional seizure order, the registration of preservation of ownership was completed in the name of the Defendant. Meanwhile, on the other hand, the Plaintiff filed a lawsuit against C and D against C and D to seek implementation of the procedure for change of the name of the owner of the instant Ftel (Seoul District Court 2010Gahap1174). However, on April 27, 2012, the court of first instance ruled against “the Plaintiff’s claim is dismissed.” However, on April 27, 2012 from the appellate court (Seoul High Court 2012Na2307), the part against C in the judgment of first instance is revoked.

C. .

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