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(영문) 서울중앙지방법원 2019.04.17 2018가합546462
동산인도
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. The construction of the network C (hereinafter “the network”) established D (hereinafter “D”) and operated D while serving as the representative director, and died on June 14, 1986.

B. On December 11, 2012, D applied for commencement of rehabilitation proceedings as Seoul Rehabilitation Court 2012 Gohap250, and received a decision on commencement of rehabilitation proceedings from the above court on January 19, 2013.

C. D The Seoul Jongno-gu Seoul Metropolitan Government E, F, G, H land and its ground buildings (hereinafter “instant real estate”) used as D owned by the Seoul Rehabilitation Court (hereinafter “D”) obtained permission for the public announcement of sale on November 7, 2013 and made a public announcement of sale of the instant real estate with the minimum sale price of at least 15 billion won (hereinafter “public announcement of sale”) but did not win the bid.

Accordingly, D entered into a sales contract with the Defendant on November 25, 2013 to sell the instant real estate amounting to 15 billion won (hereinafter “instant sales contract”). Article 6(2) of the instant sales contract provides that “B (D) shall deliver the subject matter of sale, including all facilities existing on the subject matter of sale, in the state of pre-sale, regardless of the content of the public ledger, and shall be exempt from all responsibility for all matters that occur in the said real estate thereafter.”

E. After January 20, 2014, the Defendant paid all the remainder of the instant sales contract to D, and completed the registration of ownership transfer as to the instant real estate, while having received the instant real estate and goods, etc. installed inside the instant real estate from D, and the Defendant possessed the instant movable property up to the present day.

F. As the co-inheritors of the deceased, there are I, J, and K, the spouse of the deceased, and I, J, and K. On September 25, 2015, I, J, and K, including real estate, movable property, copyright, etc., of the deceased.

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