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(영문) 부산지방법원 2013.12.19 2013가합7113
손해배상(기)
Text

1. Defendant B’s KRW 111,396,667 as well as 5% per annum from March 12, 2013 to June 14, 2013 to the Plaintiff.

Reasons

1. Determination as to the plaintiff's claim against the defendant B

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Applicable provisions of Acts: Articles 208 (3) 1 and 257 of the Civil Procedure Act;

2. Determination on the Plaintiff’s claim against Defendant Seoul Guarantee Insurance Co., Ltd.

A. Basic facts 1) Defendant B: (a) between Defendant B and C, on December 20, 2003, delegated by Defendant B with the authority to dispose of the property on December 20, 2003, Defendant B, which was the ownership of Defendant B, was the Plaintiff, and the building on the land (hereinafter “each of the instant real property”).

(2) On January 5, 2004, upon purchasing and completing the registration of ownership transfer under the name of the Plaintiff, C purchased each of the real estate of this case without permission by theft of Defendant B’s seal imprint registration and disposing of it to the Plaintiff, the court filed an application for provisional injunction against disposal of the real estate of this case with the Changwon District Court 2008Kahap308 on each of the real estate of this case as preserved right. (2) Accordingly, the above court ordered Defendant B to provide the Defendant B with security equivalent to KRW 60 million for the Plaintiff who is the provisional attachment obligor. The Defendant B entered into a deposit guarantee insurance contract with the Defendant Seoul Guarantee Insurance Co., Ltd. with the term “the insured, the amount of insurance coverage, KRW 60,000,000, and the amount of the guarantee content as guaranteed damages arising from the provisional injunction against disposal of the real estate of this case (hereinafter “the guarantee insurance contract of this case”), and submitted the securities after obtaining the provisional injunction against disposal of each of the real estate of this case (hereinafter “the provisional injunction”).

3) Defendant B filed a lawsuit against the Plaintiff, etc. on the claim for ownership transfer registration, etc. by the Changwon District Court Decision 2008Gadan44392, and obtained a judgment against the Plaintiff on July 24, 2009. Defendant B appealed and rendered a favorable judgment in an open appellate trial (Seoul District Court Decision 2009Na10731). However, the Plaintiff’s final appeal is again made by the final appeal (Supreme Court).

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