(영문) 인천지방법원 2019.01.23 2018가단228492

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(영문) 인천지방법원 2019.01.23 2018가단228492

손해배상(기)

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On December 14, 2011, the Plaintiff completed the registration of the right to claim transfer of ownership on the D Apartment E (hereinafter “instant real estate”) owned by the Plaintiff, which was based on the trade reservation.

B. The instant real estate was completed three of the registration of the establishment of a neighboring mortgage F, a creditor of the existing Plaintiff, on December 26, 201, following the provisional registration on the instant real estate, the Defendant cancelled the registration of the establishment of a neighboring mortgage F, respectively on October 1, 201 (i.e., the maximum debt amount set out on October 1, 201, KRW 22,50,000, and ② the maximum debt amount set on February 10, 201, KRW 15,000,000).

C. On November 9, 2012, the Plaintiff completed the registration of ownership transfer based on the sale of the instant real estate to Defendant B. At the same time, F’s registration of ownership transfer (the maximum debt amount established on August 12, 201, 15,600,000) was cancelled.

Defendant B transferred the ownership of the instant real estate to the Plaintiff Company G (hereinafter “G”), and the secured debt against the Plaintiff and the maximum debt amount of 256,800,000 won established on August 25, 2008, was repaid on behalf of the Plaintiff.

(Provided, That the name of the debtor remains as the plaintiff). E.

Meanwhile, on November 26, 2015, Defendant B, his wife, sold the instant real estate in KRW 300,000,000 to H on his behalf, and completed the registration of ownership transfer to H on the same day.

F. On February 1, 2016, H completed the registration of ownership transfer due to the sale of the instant real estate to I, and on the same day, the registration of ownership transfer was revoked in the name of the debtor against G of the mortgagee G.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 2, and 3 (including virtual numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1 to the parties and Defendant B entered into a pre-sale or sales contract on the instant real estate.

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