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(영문) 대전지방법원서산지원 2017.06.13 2016가단53901
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On September 21, 2007, between C and D, the Plaintiff acquired the ownership of each real estate listed in the separate sheet sold to D while it was owned by C, and in return, D in return for the transfer, and the Defendant committed the same year.

6. 21. In an exchange contract with the content that transfer ownership No. 105 of the F Building No. 105 of the Seo-gu Northern District purchased from E and pay KRW 280,000,000.

B. The Plaintiff completed the registration of ownership transfer on March 15, 2012 with respect to each real estate listed in the separate sheet Nos. 3 through 5, and with respect to each real estate listed in the separate sheet Nos. 1 and 2, each registration of ownership transfer on March 15, 2012.

(Plaintiff filed a lawsuit against C and D for the registration of ownership transfer concerning real estate listed in [Attachment List 1 and 2, but the judgment partially accepting the Plaintiff’s claim becomes final and conclusive on November 28, 2011, and thereafter, the Plaintiff concluded a new sales contract and completed the registration of ownership transfer on March 6, 2012 with respect to the said real estate).

On the other hand, on April 12, 2012, the Defendant filed an application with the Plaintiff for provisional injunction against disposal of 1/2 shares of the real estate listed in the separate sheet Nos. 1 through 4, and on April 16, 2012, the Defendant completed the registration of provisional injunction on April 17, 2012 upon receipt of a provisional injunction against disposal of the said real estate from the court (this Court No. 2012Kahap130; hereinafter “first provisional injunction”). On May 8, 2013, the Defendant filed an application with the Plaintiff for provisional injunction against disposal of 1/2 shares of the real estate listed in the separate sheet No. 5, and completed the provisional injunction on June 3, 2013 (this Court No. 2013Mo698, 2013; hereinafter “2 provisional injunction”).

The defendant filed a lawsuit against the plaintiff on June 18, 2012 against the plaintiff for the registration of ownership transfer based on an agreement on March 30, 2009 with respect to 1/2 shares of each real estate listed in the separate sheet, but the defendant filed a lawsuit against the plaintiff on October 10, 2013.

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