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(영문) 대구지방법원 2015.07.14 2014가단127162
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On January 5, 2012, the Plaintiff purchased each real estate listed in the separate sheet No. 1 in the Daegu District Court B real estate auction case, and paid the price, thereby acquiring ownership of each of the said real estate.

On December 16, 2008, when the defendant permitted development activities for building a factory site in the Daejeon-si, Daejeon-dong, Daejeon-si, Daejeon-si, the farming association corporation, D farming association corporation, and E farming association corporation, the defendant received a donation on the real estate stated in the attached Table 2, which is owned by the above corporation, and authenticated it.

(hereinafter “this case’s donation acceptance agreement”). Details of the donation contract are as follows.

1. The real estate listed in the separate sheet No. 2 list shall be donated to Yongcheon-si by January 20, 2009 to each of the above owners' property or permission for development activities, and shall be accepted by Youngcheon-si.

1. The registration of limited real rights, such as the registration of establishment of a mortgage on neighboring real estate established on each of the above real estate shall be cancelled all until the date of such donation;

1. In the event of the occurrence of any damage in Yongcheoncheon due to the violation of the above agreement for acceptance of donations, each owner shall be liable for all the damage.

On March 16, 2009, June 19, 2009, September 23, 2009, September 23, 2009, December 7, 2009, and February 10, 2010, the Defendant urged the owners of real estate listed in the attached list 2 to implement the above contents of donation.

However, from December 3, 2009 to December 13, 2010, owners of real estate listed in the attached Table 2 list (CF, G, and H) did not register the ownership transfer to the defendant, and the ownership transfer was made in the name of the third party (F, G, and H) as shown in the attached Table 2 list.

The Plaintiff against the non-party Sacheon-si Agricultural Cooperative Co., Ltd. ( purchased from Non-party H on March 5, 2012 and completed the registration of ownership transfer on April 5, 2012), the owner of the real estate No. 85 square meters in the title of the attached Table 2 list, among the real estate listed in the attached Table 2 list.

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