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(영문) 서울남부지방법원 2020.10.08 2020가단255041
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

In full view of the purport of Gap evidence Nos. 1-2 and 2-1 of Gap evidence Nos. 1-2, the plaintiff completed the registration of transfer of share as of August 31, 2002 due to purchase and sale promise as of August 31, 2002; while each of the above real estate owned shares of KRW 146.8m2 and KRW 86.52m2, 2, 30.24m2, each of the three residential facilities and housing units with three floors and 1 storys (the particulars: 1st floor manufacturing, 2nd floor office, 3rd floor housing; hereinafter the above land and buildings collectively referred to as the "real estate") in the real estate auction as of KRW 30,00 and KRW 1/2 of the above real estate at the time, each of which was owned by Eul and the defendant Eul, but the value of the above real estate was set at the Industrial Bank of Korea on August 10, 201, which had been cancelled as to the above real estate under the name of the defendant Eul.

The plaintiff asserts that the provisional registration in the name of the plaintiff was cancelled as a result of the sale of the real estate of this case, which was commenced based on the collective security right of this case to secure the obligation to the Industrial Bank of Korea of defendant B, and the real estate of this case was sold in order to secure the obligation, and thus, the provisional registration in the name of the plaintiff was cancelled. The plaintiff argued that the plaintiff suffered loss of the amount of KRW 190,673,498 [the value of the real estate of this case 836,740,000 x the amount of the plaintiff's dividends 227,696,502]. The plaintiff claimed against

However, insofar as the principal registration based on the provisional registration has not been completed, the provisional registration has only the effect of priority preservation, and there is no effect of changing real rights, so the Plaintiff is one of the real estate E.

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