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(영문) 서울고등법원 2017.12.07 2017나2017137
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant is revoked, and the plaintiffs corresponding to the revoked part are the defendant.

Reasons

1. Basic facts

A. The provisional disposition registration of this case and registration officer’s “A separate registration” were omitted, etc. 1) Grandland Construction Co., Ltd. (hereinafter “Sland Construction”).

2) On June 11, 2004, Jin-si, Innju City 9,990 square meters (hereinafter “instant site”).

On May 7, 2004, the ownership of the instant site was acquired by completing the registration of ownership transfer for reasons of sale on May 7, 2004.2) The construction of Grandland was proceeding with the construction of a new apartment house on the ground other than the instant site (hereinafter “the instant construction”).

On July 24, 2007, Grand Construction entered into a contract with V, Co., Ltd. (hereinafter “V”), under which the entire business rights of the instant construction including the instant site were transferred to V for the purpose of transferring KRW 2,650,00,000,000, and under the title trust agreement with S, a representative director, the instant site was registered for the transfer of ownership as to the instant site on July 30, 2007.

3) From the construction of Grandland to September 2006, T which had been awarded a subcontract for reinforced concrete construction among the instant construction and had a claim for the construction price against Grandland construction on March 31, 2008, the Suwon District Court rendered a provisional injunction against the prohibition of disposal of real estate as preserved rights (hereinafter “instant provisional injunction”) against S on March 31, 2008, regarding “the right to claim the cancellation of a sales contract based on the cancellation of a fraudulent act and the right to claim the cancellation of the registration of ownership transfer registration.”

A) On March 31, 2008, the above provisional disposition registration as to the site of this case (hereinafter “registration of provisional disposition of this case”) was received and accordingly the same seal was affixed.

(iv) e.g.

around May 208, SSS Co., Ltd. (hereinafter “Mas”) acquired from V the business rights of the instant construction including the instant site, etc., and completed the registration of ownership transfer claim on May 26, 2008, and completed the registration of ownership transfer claim on September 25, 2008.

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