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(영문) 서울고등법원 2018.01.19 2017나2012033
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

Basic Facts

A. On May 28, 2004, E, which was the actual operator of I Co., Ltd. I (hereinafter “I”), completed the provisional registration of transfer of ownership in G name (hereinafter “provisional registration of this case”) on the ground of the promise to return the substitute land on May 25, 2004 with respect to the land F in the Gunsan-si (hereinafter “instant real estate”).

B. On March 31, 2007, G entered into an agreement with H to transfer all rights and obligations relating to the provisional registration of the instant security to H. On April 26, 2007, H entered into a provisional registration of the instant provisional disposition on the same day with respect to the provisional registration of the instant security with respect to the provisional registration of the instant security having the right under the said provisional registration of the security as a preserved bond, upon receiving a decision of the Jeonju District Court Branch Branch Office 2007Kahap130 on the provisional registration of the security of this case.

C. On June 2, 2008, the co-defendant B Co-Defendant B Co-Defendant B Co-Defendant B (hereinafter “B”) and the Defendant entered into an agreement on June 2, 2008 to build “J” on the seven lots of land owned E including the instant real estate (hereinafter “instant project”).

B entered into a contract with H on July 30, 2008 with regard to the secured debt of the instant provisional registration (hereinafter “transfer contract of this case”) in order to smoothly promote the instant business, and the main contents are as follows.

The defendant shall enter into a contract for the transfer or acquisition of the transfer or acquisition of the transfer or provisional registration bond for transfer of ownership, H and B representative director of the transferee, and the above manager as follows:

C. Foods

1. On May 25, 2004, the ownership transfer security, which was made under No. 21466 on May 28, 2004 on the instant land on the ground of the promise to return goods, shall be transferred to the Defendant on March 31, 2007, by the transferee B representative director K and the above manager, from the G with the provisional registration right holder G on March 31, 2007.

2. The transferor.

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