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(영문) 대전지방법원천안지원 2020.08.21 2019가합103471
손해배상(기)
Text

1. Of the instant lawsuit, regarding each real estate listed in paragraph 2 of the attached list in the name of Defendant D among the instant lawsuit, the Defendant limited liability company E.

Reasons

1. Basic facts

A. The Plaintiff is a company that aims at civil engineering and construction work, and Defendant B was registered as the Plaintiff’s representative director from October 26, 2015 to September 12, 2018.

B. On July 2, 2018, Defendant B entered into an agreement between the Plaintiff and the Plaintiff on July 2, 2018 with the content that the Plaintiff would receive payment in kind in multi-family housing of KRW 14.5 billion (hereinafter “multi-family housing of this case”) equivalent to the total sales amount of KRW 17,386,636,00 in Seo-gu, Seo-gu, Seo-gu, Seoul (hereinafter “multi-family housing of this case”).

(hereinafter referred to as the instant agreement).

On June 25, 2019, Defendant B filed with Defendant C the provisional registration of each transfer of ownership on the ground of a promise to return a substitute on May 15, 2018 with respect to each real estate listed in paragraph (1) of the attached Table attached hereto, the provisional registration of each transfer of ownership on the ground of a promise to return a substitute on May 28, 2018, the provisional registration of each transfer of ownership on the ground of a promise to return a substitute on May 28, 2018, the provisional registration of each transfer of ownership as to each real estate listed in paragraph (3) of the attached Table to Defendant E to Defendant A limited company, and the provisional registration of each transfer of ownership on the ground of a promise to return a substitute on June 19, 2018, the provisional registration of each transfer of ownership as to each real estate listed in paragraph (2) of the attached Table was completed

(hereinafter referred to as “the reservation for return of each substitute of this case” and “each provisional registration of this case,” when combined.

The provisional registration of each claim for transfer of ownership on each real estate listed in paragraph (3) of the attached list in the name of limited company E among the provisional registration of this case was cancelled on April 14, 2020; each real estate listed in paragraph (2) of the attached list in the name of Defendant D; and each claim for transfer of ownership on each real estate listed in paragraph (4) of the attached list in the name of Defendant F was cancelled on May 8, 2020.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. Of the instant lawsuit, the judgment of the court below as to the legitimacy of each part of the claim for provisional registration of cancellation of ownership transfer against Defendant D, Limited Company E, and Defendant F, is against the instant lawsuit.

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