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(영문) 수원지방법원평택지원 2017.09.28 2016가합10744
손해배상(기)
Text

1. The Plaintiff:

A. Defendant C’s KRW 240,000,000 as well as 5% per annum from July 4, 2016 to January 20, 2017.

Reasons

1. Facts of recognition;

A. On June 13, 2014, the Plaintiff entered into a contract to purchase KRW 95,00,00 (hereinafter “instant contract”). The instant contract entered both the subject matter of sale, the purchase price, and the purchaser’s blank, and the seller’s signature and seal were affixed to the seller’s column, and the Defendant C, who is the south of D, jointly and severally liable for D’s obligations under the instant contract.

B. D and Defendant C issued to the Plaintiff a promissory note (the receiver, the date of payment, the date of issuance, the place of payment, and the place of payment) in which the issuer D, Defendant C, and the amount of the Promissory Notes KRW 180,000,000 in order to secure the performance of the obligations under the instant contract.

C. On June 13, 2014, the Plaintiff filed an application with the Korea Land and Housing Corporation for provisional attachment against the “right to file a claim for ownership transfer registration following the supply of the land for countermeasures against migrants in the Goduk-gu Internationalization Promotion District,” which Defendant C and the garnishee have against the Korea Land and Housing Corporation. On March 22, 2016, the Plaintiff received a provisional attachment decision (U.S. District Court KRW 2016Kadan1080) from this Court on the said right to claim for ownership transfer registration.

D Around March 2015, the death of Defendant B, the South-North of D, gave up inheritance, Defendant C, and other siblings, including Defendant C, were individually succeeded to the right to sell the land indicated in A, and thereafter acquired the right to sell the land of E (hereinafter “instant land”).

On July 4, 2016, Defendant B sold to a person whose name is unknown (hereinafter “third party”) the right to purchase the instant land in KRW 240,000,000, and completed the procedure for changing the name of the right to purchase the land to a third party.

E. Since then, the Plaintiff: (a) on June 13, 2014, the Plaintiff’s right to sell the unit stated in the paragraph (a) from D is only KRW 95 million.

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