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(영문) 서울북부지방법원 2015.02.06 2014가단20056
손해배상(기)등
Text

1. As to shares of 1/2 of the real estate listed in the separate sheet:

A. It was concluded on November 16, 2012 between the Defendant and C.

Reasons

1. Facts of recognition;

A. The Dobong-gu Seoul Metropolitan Government Land and Ground Buildings (hereinafter “Non-Party Buildings”) are owned jointly by Non-Party C and E. On October 21, 2009, the Plaintiff entered into a lease agreement with the terms that the Plaintiff leases part of the first floor of Non-Party C and the above Non-Party building by setting the deposit amount of KRW 5 million and the term of lease from November 5, 2009 to November 5, 201.

(hereinafter “instant lease agreement”). B.

On July 10, 2012, the procedure for compulsory auction of real estate was initiated with the Seoul Northern District Court F on July 10, 2012, and the distribution was made on May 28, 2013. At the above auction procedure, E, a 1/2 equity right holder of the non-party building, did not consent to the instant lease agreement, and accordingly, filed an objection against the plaintiff against the plaintiff on the ground that E did not consent to the instant lease agreement. On March 21, 2014, Seoul Northern Northern District Court 2013Da104988 filed by E, Seoul Northern District Court 201 decided to rectify the dividend amount to the plaintiff as KRW 55 million as KRW 17,378,423, and to distribute the remainder to E, the decision to recommend reconciliation became final and conclusive around that time.

C. On November 16, 2012, C sold 1/2 shares of the real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant at KRW 122,00,000 (hereinafter “instant sales contract”); on the same day, the Government District Court of the Dongcheon District on November 16, 2012, receipt No. 45262 of the instant sales contract under the Defendant’s name (hereinafter “instant transfer registration”) issued the ownership transfer registration based on the instant sales contract under the name of the Defendant (hereinafter “instant transfer registration”).

C was in excess of the obligation at the time of the instant sales contract, and was in excess of the obligation even at the time of the date of the closing of the instant argument. At the time of the closing of the instant argument, the Plaintiff has a claim for KRW 37,621,577 against C and its delay damages.

[Ground of recognition] Facts that there is no dispute or is not clearly disputed, Gap evidence 1 through 6 (including paper numbers), Eul evidence 1 through 4, the purport of the whole pleadings

2. The plaintiff.

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