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(영문) 수원지방법원 2017.10.20 2016가단803544
손해배상(기)
Text

1. The defendant shall pay to an independent party intervenor KRW 33,956,300 and interest thereon from September 6, 2017 to the date of complete payment.

Reasons

1. Judgment on the plaintiff's claim

A. On September 25, 2014, an independent party intervenor, who is the Plaintiff’s wife (hereinafter “ Intervenor”), concluded a sales contract (hereinafter “instant sales contract”) with the Defendant and D on KRW 402,80,000 (which agreed to reduce the purchase price to KRW 400,000,000) with respect to the land specified in attached Table 1 (hereinafter “instant land”).

At the time of the above sales contract, the Intervenor, the Defendant, and D entered into a contract for the construction of the buildings listed in the separate sheet No. 2 (hereinafter “instant building”) (hereinafter “instant contract”).

On September 25, 2014, the defendant prepared and delivered to the intervenor a letter of performance that "the owner of the land and building in this case shall deposit 1/2 ownership with the defendant for convenience of the intervenor or construction and other tax and public charges, and the defendant shall immediately perform the title transfer at any time upon the intervenor's request."

The Plaintiff and the Intervenor paid 600,000,000 won to the Defendant for the full payment of the instant purchase price and the construction cost required by the Defendant.

After the completion of the construction of the instant building, the intervenor demanded the Defendant to transfer one-half of the instant land and the instant building in the name of the Plaintiff before approval for the use of the building. However, on the wind of the Defendant to preserve ownership of one-half of the instant building, the Plaintiff was subject to a provisional disposition order against the Defendant by filing an application for prohibition of disposal of real estate under the name of the Defendant (Seoul District Court Decision 2016Kadan10023), and additionally, the costs for ownership transfer registration were incurred. Therefore, the Defendant is obliged to pay the Plaintiff the damages amounting to KRW 13,956,30 (i.e., KRW 11,34,300 for provisional disposition expenses for ownership transfer registration).

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