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(영문) 서울고등법원 2016.08.25 2015나2021378
손해배상 등
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The first ownership relationship of each real estate listed in the separate sheet, etc. 1) Doz Co., Ltd. (hereinafter “Support”).

(A) On March 21, 2007, the land listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”).

A) The registration of ownership transfer with respect to the instant land shall be completed, and the building listed in Section 2 of the attached Table on the ground from around that time (hereinafter “instant building”) shall be deemed to be “each of the instant real estate” in addition to the instant land.

2) On September 5, 2008, the Building of this case was to be transferred to C as payment in lieu of the construction cost of KRW 220 million between D and C on September 5, 2008.

C On January 2, 2009, the right to claim the registration of transfer of ownership of the building of this case was decided to dispose of provisional injunction against the building of this case as the right to be preserved (U.S. District Court 2008Kadan8491), and on the same day, registration of preservation of ownership in the name of Doz was completed upon entrustment in accordance with the above provisional injunction order with respect to the building of this case.

Since that time, C occupied and used the first floor of the instant building.

3) On the other hand, on October 29, 2008, the procedure for the voluntary auction of the instant land was initiated (U.S. District Court H). B. (B) On January 20, 2010, the Plaintiff purchased the instant building from C from January 20, 2010, in the amount of KRW 220 million. Considering the fact that the procedure for the voluntary auction of the instant land is underway, the Plaintiff sold the instant land during the said voluntary auction procedure and paid the purchase price with the proceeds therefrom.

2) On January 21, 2010, C completed the registration of transfer of ownership based on the payment agreement with respect to the instant building, and on the same day, C completed the registration of transfer of ownership based on the said sale to the Plaintiff. Meanwhile, at the time, the foregoing construction corporation (hereinafter “the foregoing construction”) occupied the second floor of the instant building and completed the registration of transfer of ownership based on the payment agreement with respect to the instant building.

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