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(영문) 창원지방법원 2017.02.08 2016나56582
소유권이전등기말소 등
Text

1. The plaintiff's appeal against the defendants and the defendant C's appeal are all dismissed.

2. The plaintiff's appeal costs.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except where the corresponding part of the judgment of the first instance is used as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

- Parts written by the court of first instance shall be from 5 to 11 of the decision as follows.

“However, Defendant C breached its duty to complete the registration of ownership transfer with respect to the instant land from the State on March 24, 2015, and completed the registration of ownership transfer pursuant to the above agreement, and sold the instant land to the Defendant Cooperative and completed the registration of ownership transfer. Accordingly, Defendant C committed a breach of trust with the Plaintiff, and Defendant C actively participated in the act of breach of trust with the Plaintiff. As such, the sales contract between the Defendants is null and void as it constitutes anti-social juristic act, and Defendant C is liable to cancel the registration of ownership transfer, and Defendant C is liable to implement the procedures for the registration of ownership transfer. Furthermore, Defendant C is not liable to compensate the Plaintiff for damages, as Defendant C’s duty to implement the registration of ownership transfer with respect to the Plaintiff was impossible due to the cause attributable to Defendant C’s negligence. However, the amount of damages suffered by the Plaintiff is claimed for the payment of KRW 40 million,000,000, equivalent to the purchase price of the instant land between the Defendants.”

1) Paragraph 1 of this Article is as follows. In full view of each of the above basic facts, and evidence Nos. 4-1, 2, and 6-1 and 2 of the evidence No. 4-2 of this case, Defendant C prepared on May 22, 2013 a letter of performance stating that “When the documents for ownership transfer registration are prepared by the State (National Tax Service) to the Plaintiff on May 22, 2013, Defendant C will confirm that the procedure for ownership transfer registration should be completed to the Plaintiff,” and Defendant C on the same day.

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