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(영문) 서울고등법원 2018.06.19 2017나2028366
손해배상(기)
Text

1. All appeals by the plaintiffs and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

3. Order of the court of first instance.

Reasons

1. The reasons for this part of the basic facts are as stated in the judgment of the court of first instance, except for those written by the court as follows. Thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

A person shall be appointed.

C. As to the instant land, registration of ownership preservation and ownership transfer registration 1) on August 21, 2008, the International Asset Trust Co., Ltd. (the “International Trust Co., Ltd.” before the change; hereinafter “International Asset Trust”).

The registration of transfer of ownership based on the trust was made to N on March 10, 2010; the registration of transfer of ownership based on the trust property reverted to N on the same day; the registration of transfer of ownership based on the trust property reverted to N on April 22, 2010; the registration of transfer of ownership based on the trust property reverted to N on April 22, 2010; and the registration of transfer of ownership of 1/2 of co-ownership based on the sale as of April 21, 2010 to K and I on the same day was completed to the International Asset Trust on April 21, 2010; and the registration of transfer of all co-owners based on the trust was completed to the International Asset Trust on the same day on April 21, 2010; 2) on March 15, 2010 by subrogation upon the request of N and K’s creditor for provisional attachment.

I and K completed on March 24, 2010 the entire co-owner's share transfer registration for the instant building on March 22, 2010 to the International Asset Trust on March 22, 2010.

A person shall be appointed.

2. Summary of the plaintiffs' assertion

A. A. Around March 12, 2010, around March 12, 2010, the actual operator G, K’s actual operator M, and the Defendant agreed to sell the instant building and prepare construction costs.

The defendant, while being aware that the plaintiffs entered into the contract for sale, shall cause I and K to trust the building of this case as a collateral for international asset trust, thereby being granted the right to apply for a public sale of the building of this case and to designate a person subject to a public sale, and to determine the value of the public sale of the building of this case through the public sale of international asset trust.

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