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(영문) 서울중앙지방법원 2019.07.03 2018나62883
손해배상(기)
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. On March 1997, the Plaintiff is the owner of an equity share of 161.7/327 square meters in Gwanak-gu in Seoul Special Metropolitan City E-gu, Seoul Special Metropolitan City, and the Plaintiff is the owner of the remaining shares, and M&, the owner of the F. F. F. 198 square meters attached to the said land, and the Plaintiff is the owner of the said land (hereinafter “instant land”).

3) The apartment house in this case (hereinafter “the apartment house in this case”) is to be newly built on the ground.

A) Around August 9, 197, the Plaintiff, M, and N as the owner of the building permit, and the Plaintiff, M, and M were granted the building permit. 2) The Plaintiff, M, and D sold the instant land to D on April 24, 1998. However, D entered into a contract with the effect that D, by constructing and selling a tenement house on its ground at its own expense, would pay the sales price in a way that M and N would pay the sales price in lieu of a partial repayment of the loan granted to M and N as security.

3) On May 10, 1998, the Plaintiff entered into a sales contract with D to sell the instant apartment house to the Plaintiff when the instant apartment house was newly built on or before November 2002. D had completed the instant apartment house on or before the date of completion of the construction of the new apartment house, but the registration of preservation of ownership of the instant apartment house was not immediately made because of the illegal reasons for the Gwanak-gu Office’s corrective order during the construction of the new apartment house.

5) After that, on July 30, 2008, the Plaintiff was additionally sold the instant apartment house No. H from D (hereinafter referred to as “each of the instant apartment houses”) with the names of the instant apartment houses G and H.

B. B. Around August 23, 2006, D issued a promissory note on September 29, 2006 to Defendant C, the husband of Defendant B, with the face value of KRW 2,500,000,000,000, and the due date, September 29, 2006; Defendant C issued a promissory note on September 2, 2008 with the issuer D and the payee B, and Defendant C issued KRW 80,00,000 out of the above amount of the said note with the Seoul Central District Court Decision 2008Kadan82833 on September 2, 2008.

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