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Reasons
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(영문) 서울중앙지방법원 2019.05.09 2018나55380
손해배상(기)
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1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. Basic facts

A. On June 24, 2010, Plaintiff A (F) entered into each of the instant contracts for sale in lots and payment of part of the sale price with Nonparty G Co., Ltd. (hereinafter “G”) and H Co., Ltd. (hereinafter “H”) on June 24, 2010, Jtel (hereinafter “instant building”) which is a part of the building on the 11th floor above 10 lots, such as Nam-gu Incheon (hereinafter “instant land”); Plaintiff B entered into each of the instant contracts for sale in lots with G on June 21, 2010 with respect to L, which is a sectioned part of the instant building (hereinafter “each of the instant contracts for sale in lots”); Plaintiff A entered into each of the instant contracts for sale in lots on June 24, 2010; Plaintiff A, on June 24, 2010, KRW 17,042,000, KRW 25,306, KRW 2005, KRW 365,2015.

7. 23. Payment of the intermediate payment of KRW 35 million in total.

B. Registration of ownership preservation and registration of ownership transfer 1) On August 21, 2008, N Co., Ltd. (R Co., Ltd.: hereinafter “N”) on the instant land

(2) On March 10, 2010, the registration of ownership transfer on the ground of trust was made to S on the same day, the registration of ownership transfer on the ground of trust property to N on April 22, 2010, the registration of ownership transfer on the ground of trust property to H and G on the same day, the registration of ownership transfer on the ground of sale on April 21, 2010, and the registration of ownership transfer on the same day to H and G on the same day, and the registration of ownership transfer on the ground of trust on April 21, 2010, N on the same day, the registration of ownership transfer was completed on April 21, 2010. 2) The registration of ownership transfer on the building in this case was made on March 15, 2010 to G and H as the registration right holder on the ground of a request of M’s creditor’s provisional attachment, and the registration was made on March 15, 2010 as the registration right holder on the same day (the creditor’s claim amount of provisional attachment).

After that, G and H concluded a real estate management trust contract (type B) with N around March 22, 2010.

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