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(영문) 서울중앙지방법원 2018.07.27 2015가단5355984
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. B Co., Ltd. (hereinafter “B”) such as the omission of registration of the instant provisional disposition registration and the omission of registration of the registry officer’s “ separate registration”

(C) 9,990 square meters (hereinafter “instant site”) shall be deemed to be the “instant site” in the City of Innju.

The construction project of constructing a tenement house on two lots, other than the instant land, after purchasing it on June 11, 2004 and completing the registration of ownership transfer on June 11, 2004 (hereinafter "the construction project of this case").

B continued on July 24, 2007. D Co., Ltd. (hereinafter “D”)

(2) On March 31, 2008, F entered into a contract with E to transfer all the instant construction project rights, including the instant site, to 2.65 billion won, and completed the registration of ownership transfer in the future as to the instant site on the grounds of a trade agreement with E, the D representative director, under the title trust agreement with E on July 30, 2007. (2) Since F was awarded a subcontract for reinforced concrete construction during the instant construction project from B on September 2006, it did not pay the construction cost properly, it was against E on March 31, 2008, “The right to claim the cancellation of the sales contract based on the cancellation of fraudulent act and the right to claim the cancellation of the registration of ownership transfer registration” as the right to be preserved (Yan District Court Decision 2008Kahap140, hereinafter “the instant provisional disposition”). Accordingly, the provisional disposition registration was completed as to the instant site on the same day.

3) G Co., Ltd. (hereinafter “G”).

(2) On May 208, 2008, D acquired the instant construction project’s business right including the instant site, etc., and on May 26, 2008, on the instant site, the registration of the right to claim ownership transfer was completed, and on September 25, 2008, the principal registration of the right to claim ownership transfer was completed, and on the same day, H-building, an aggregate building newly constructed on the instant site and the registration of ownership transfer was completed in the name of G (hereinafter “H-building”).

) Registration of site ownership (hereinafter referred to as “registration of site ownership of this case”)

4) On September 25, 2008, the branch court of Suwon District Court completed the establishment of H by G.

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