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(영문) 부산지방법원 2015.02.12 2012가합42553 (1)
손해배상(기)
Text

1. The Defendant shall pay to the Intervenor succeeding to the Plaintiff KRW 2,581,119,040 as well as to the period from December 11, 2014 until February 12, 2015.

Reasons

1. Basic facts

A. The Plaintiff’s land acquisition 1) The Defendant’s land indicated in the separate sheet against the network C (hereinafter “instant land”).

(2) The Plaintiff won the instant land from the Defendant on July 10, 2002 and completed the registration of ownership transfer on October 2, 2002 on the grounds of sale on December 21, 2001. (2) The Plaintiff purchased the instant land from the Defendant on July 10, 2002 and completed the registration of ownership transfer on October 2, 2002.

3) The Plaintiff’s succeeding intervenor received the registration of ownership transfer from the Plaintiff on the remaining real estate except for those listed in paragraphs 5 through 8 among those listed in the separate sheet. (b) The process of the registration related to the registration is 1) C’s inheritor, D, and E filed a subsequent appeal against the Seoul Central District Court Decision 2000Gahap38515, which caused the registration of ownership transfer in the name of the Defendant, and the Seoul High Court revoked the first instance judgment and dismissed the Plaintiff’s claim (Seoul High Court Decision 2008Na66933), and the Defendant appealed against this. However, the Supreme Court dismissed the appeal.

(Supreme Court Decision 209Da84035) D and E filed a lawsuit against the Plaintiff, the Defendant, and the Intervenor succeeding to the Plaintiff on April 22, 2010 seeking cancellation of the ownership transfer registration for one-third of each of the instant land among the instant land, and the court accepted D and E’s claim (Seoul Central District Court Decision 2010Da4049). As to this, the part against the Plaintiff and the Intervenor succeeding to the Plaintiff in the said judgment became final and conclusive on September 6, 2011 due to the Plaintiff’s failure to appeal, which became final and conclusive on October 12, 2012. However, the Seoul High Court dismissed the appeal on October 12, 2012 (Seoul High Court Decision 201Na7285, the Defendant re-appealed to the Supreme Court, but the Seoul High Court rejected the appeal by the Supreme Court, but the Defendant was ordered to dismiss the appeal by the Supreme Court.

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