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(영문) 전주지방법원 2018.08.07 2018가단7919
손해배상(기)
Text

1. The Defendants jointly share KRW 4,606,540 with respect to the Plaintiff and KRW 5% per annum from July 24, 2017 to August 7, 2018.

Reasons

1. Basic facts

A. On August 3, 2005, the registration of ownership transfer based on sale was completed on August 3, 2005, the Plaintiff, on May 26, 2010, the first transfer of ownership based on sale on May 25, 2010 (hereinafter “the first transfer of ownership”) was completed on May 31, 2010, and the second transfer of ownership based on sale (hereinafter “the second transfer of ownership”) was completed on May 27, 2010 on May 31, 2010.

B. Defendant B completed the registration of the establishment of a collateral security (hereinafter “registration of the creation of collateral security”) on the instant land by Defendant B, the mortgagee F, the maximum debt amount, KRW 30,000,00, under the Act No. 2392, Mar. 29, 2012, the Jeonju District Court of the Republic of Korea (hereinafter “instant registration”).

C. The Plaintiff filed a lawsuit seeking the cancellation of the registration of the first and second transfer of ownership in this case with the Jeonju District Court 2012Ga18238, the Jeonju District Court 2012Ga18238. On July 30, 2013, the above court rendered a judgment to the effect that the Plaintiff’s claim against the Defendant B was dismissed, ordering the Plaintiff to implement the procedure for cancellation of the first transfer of ownership in this case’s first transfer of ownership, as the sales contract (a contract between the Plaintiff and the father G, a legal representative of E, was concluded by G, May 25, 2010) was concluded by G’s deception, and thus revoked by the Plaintiff’s declaration of intent of cancellation.

The above judgment against E was finalized around that time, but the part against Defendant B appealed with the Jeonju District Court 2013Na8666, and the above court rendered a judgment to the effect that on June 12, 2014, Defendant B knew or was not aware of the fact that the sales contract, which was the cause of the first ownership transfer registration, was concluded by G’s deception, was concluded by G, and that Defendant B did not know it by gross negligence, the registration procedure for cancellation of the second ownership transfer registration should be implemented against the Plaintiff.

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