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(영문) 서울중앙지방법원 2021.01.08 2019가단35610
손해배상 청구의 소
Text

The plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Facts of recognition;

A. Plaintiff A Co., Ltd. (hereinafter “Plaintiff Co., Ltd”) conducted a business of constructing and selling a building on Daejeon-gu and its neighboring land.

Plaintiff

On April 13, 2005, the company changed its trade name to E Co., Ltd. (hereinafter “E”), and to F Co., Ltd. (hereinafter “F”) on January 13, 2006.

B. On March 31, 2006, the defendant registered the transfer of ownership based on the trust on the above D land.

(c)

On March 21, 2008, G Co., Ltd. (hereinafter “G”) purchased the above D land, etc. (hereinafter “instant land”) and completed the registration of transfer of ownership on the same day. On the same day, G Co., Ltd. (hereinafter “G”) acquired a business right on the instant land by transfer of ownership in the name of the owner of the 15th floor building being newly constructed on the ground.

(c)

The registration of trust in the name of the defendant was cancelled due to the disposal of trust property on the same day, and G completed the registration of transfer of ownership on the land of this case to the defendant on the same day.

[Ground of recognition] Unsatisfy, entry of Eul 1 to 3, and evidence of 5 (including branch numbers), the purport of the whole pleadings

2. The plaintiffs asserted on March 21, 2005 entered into a contract with H and I, the representative director of E, to transfer the "JJ's execution right" of KRW 3 billion, and E transferred the above execution right to F, and F re-transfer the above commercial ownership and business right to G.

F If the above enforcement right is transferred, the F transferred the above enforcement right to G without performing the obligation to register the transfer of ownership based on the sale right, even though it did not perform the obligation to the plaintiffs, and G did not perform the obligation to register the transfer of ownership based on the sale right, while G did not perform the obligation to register the transfer of ownership based on the sale right to the plaintiffs. Thus, the ownership registration in the name of the defendant is punished jointly by the defendant, G, H, and I.

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