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(영문) 창원지방법원진주지원 2015.10.07 2014가단5094
손해배상(기)
Text

1. Of the instant lawsuit, the Plaintiff B’s primary and conjunctive claims are dismissed.

2. The defendant shall list the plaintiff B in attached Form.

Reasons

1. Basic facts

A. On June 12, 2003, the Defendant prepared a notarial deed stating that “The Defendant would repay KRW 530 million to the network C, etc. by November 20, 2003,” and C transferred the claim under the notarial deed to D on September 11, 2007.

C died on May 6, 2011, and the Plaintiff succeeded to C’s rights and obligations as his heir.

B. On June 4, 2013, D entered into an agreement on debt repayment (Closing) with the Defendant (hereinafter “instant agreement on debt repayment”) with respect to the foregoing claim on the notarial deed (hereinafter “instant agreement”), and the content includes that “C’s heir (which appears to refer to Plaintiff A) establishes a provisional registration for the instant real estate for security and transfers ownership to C’s heir or designated person immediately after the completion of the relevant house.”

C. On September 2, 2013, the Defendant: (a) promised to transfer (transfer) the instant real estate being constructed by the Defendant to the Plaintiff A or to a person designated by the Plaintiff, as stated in the instant debt repayment agreement; and (b) confirms that “A would make a provisional registration prior to the judgment of the first instance of the case 2013Gahap1429 between the Plaintiff A and the Defendant, if the Plaintiff wishes, even before the judgment of the first instance of the case 2013Gahap1429 between the Plaintiff A and the Defendant.”

(B) have drawn up a statement. [The facts without dispute over the basis of recognition, Gap evidence No. 2, Eul evidence No. 5, 6, 10 and the purport of the whole pleadings.]

2. The parties' assertion

A. The plaintiffs' assertion A designated a person entitled to the registration of transfer of the real estate of this case as plaintiff B in accordance with the confirmation document of this case, and the defendant is obligated to implement the registration procedure for transfer of ownership based on the confirmation document of this case.

Even if the due date for the obligation to transfer ownership has not arrived, the Defendant is obligated to implement the provisional registration procedure for the ownership transfer registration with respect to the instant real estate.

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