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Reasons
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(영문) 서울고등법원 2018.06.27 2017나2017144
손해배상(기)
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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Facts of recognition;

A. On June 11, 2004, the instant provisional disposition registration and registration omitted, etc. (1) B Co., Ltd. (hereinafter “B”) acquired the ownership of 9,990 square meters of C Forest land (hereinafter “instant site”) on June 11, 2004, and subcontracted reinforced concrete construction to E on September 2006, while performing construction works for the apartment house of 88 units on the said site.

(2) On July 24, 2007, B entered into a contract with I for the transfer of the entire business rights of the instant construction project, including the instant site, to I in the amount of KRW 2,650,000,000 between Company I (hereinafter “I”), and on July 30, 2007, the transfer registration of the ownership in the name of D, the representative director of I for the instant site was completed.

(3) On March 31, 2008, Suwon District Court Branch of 2008Kahap140 rendered a provisional disposition against D to prohibit disposal of the instant building site as preserved rights (hereinafter “the instant provisional disposition”). Accordingly, on the same day, the said provisional disposition registration (hereinafter “the instant provisional disposition registration”) was completed.

(4) Around May 2008, F Co., Ltd. (hereinafter “F”) acquired the instant business rights from I, including the instant site, etc., and completed the registration of ownership transfer claim on the instant site on May 26, 2008.

On September 3, 2008, the approval for the use of G postponed (hereinafter “G postponed”) was granted on the instant site, which was a new aggregate building, and on September 25, 2008, F completed the principal registration of transfer of ownership on the instant site on September 25, 2008, while completing registration of preservation of ownership for G postponed and registration of site ownership on the instant site (hereinafter “instant site registration”).

(5) On the other hand, the Suwon District Court’s Branch’s Branch’s Branch’s Branch’s Seoul District Court’s Grain from F on September 25, 2008.

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