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(영문) 부산지방법원 2015.06.10 2014가합49947
손해배상(기)
Text

1. As to the building indicated in the attached list to the Plaintiff, Defendant B was caused by sale and purchase on November 7, 2013.

Reasons

1. Basic facts

A. On November 7, 2013, the Plaintiff entered into the following sales contract (hereinafter “instant sales contract”) with Defendant B, with respect to the volume of 228 square meters in Seo-gu, Busan, Seo-gu, Busan, and 228 square meters in Busan, and the volume of 93 square meters in Busan, Seo-gu, Busan, and the volume of 158 square meters in Busan, Seo-gu, Busan, and the amount of 158 square meters in size (hereinafter “each of the instant land”).

Division Plaintiff and Defendant C’s contract payment date between Plaintiff and Defendant C, KRW 30 million, KRW 20 million, KRW 50 million in the intermediate payment of KRW 50 million on November 7, 2013, KRW 50 million in the remainder on December 2, 2013, KRW 145 million in the aggregate of the purchase price on December 23, 2013, KRW 4350 million in the aggregate of KRW 215 million in the purchase price on December 23, 2013.

B. Defendant B and C received each down payment, intermediate payment, and remainder from the Plaintiff on each of the above payment dates pursuant to the instant sales contract, and the registration of ownership transfer for each of the instant land was completed on December 23, 2013 by the Busan District Court, Busan District Court Decision 40598, which was received on December 23, 2013, and on November 7, 2013.

C. Meanwhile, at the time of the instant sales contract, H leased 25 square meters among the land of this case and the land of this case and the land of this case, which Defendant B and C obtained permission from Defendant B and C (hereinafter “instant State”) and used as a parking lot.

The building recorded in the attached list (hereinafter “instant building”) is newly constructed on the ground of 228 square meters in Busan, Seo-gu, Busan, and the general building ledger of the instant building is registered as the owner who acquired the ownership as of March 18, 1998. Meanwhile, the instant building was registered as the owner who acquired the ownership as of March 18, 1998. Pursuant to the Busan District Court’s provisional disposition decision (2015Kadan1718), the Busan District Court’s Jungsan registry office (2015Kadan11351) was received on March 26, 2015, and the ownership registration registration of the Defendant B was completed as of March 26, 2015.

[Ground of recognition] Unsatisfy, Gap evidence 2 to 5, 8, Eul evidence 1 to 7.

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