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(영문) 서울북부지방법원 2020.08.14 2019가단113953
손해배상(기)
Text

1. The Plaintiff:

(a) Defendant B, C, D, and E jointly KRW 37,967,806;

B. Defendant F, I, G, and H are Defendant B, C, D, and E.

Reasons

1. Facts of recognition;

A. On March 9, 2010, the Plaintiff drafted a notarial deed of a monetary loan agreement with the effect of No. 352 of the No. 352 of the No. 2009 (hereinafter “instant notarial deed”) by designating the Plaintiff as the obligee and M as the obligor between M and M.

B. On February 1, 2010, Defendant C entered into a trade promise with respect to the instant real estate (hereinafter “instant real estate”) of KRW 400 million and KRW 30 million on August 1, 2010, and paid KRW 30 million to M. on February 2, 2012, the Seoul Northern District Court’s receipt of the Dongdaemun-gu Branch of Seoul Northern District Court’s registration office, and the registration of the ownership transfer claim based on the said purchase promise was completed.

C. The Plaintiff received a collection order (hereinafter “instant seizure and collection order”) as to “the amount until M entered into a sales contract with Defendant C on the land and building located in Dongdaemun-gu Seoul, and the amount until it reaches the above KRW 337,740,684 out of the sales price to be received from the Defendant,” with the Defendant as the execution bond based on the instant notarial deed against M as the execution bond, and as to “the amount until it reaches the above KRW 337,740,684,” the said order was served on March 12, 2010.

Defendant C, on January 12, 2012, based on the above provisional registration, completed the registration of transfer of ownership based on sale on January 12, 2012, the Seoul Northern District Court, Dongdaemun-gu District Court, Seoul Northern District Court, No. 1134, which received on January 12, 2012.

E. On May 2, 2012, the Plaintiff filed a lawsuit against Defendant C on the grounds of the Seoul Northern District Court 2012Gahap20530, the Seoul Northern District Court 20530, and the said court rendered a favorable judgment against the Plaintiff on December 27, 2017, “The Defendant C shall pay to the Plaintiff 337,740,684 won and the amount calculated by the rate of 20% per annum from May 11, 2012 to the date of full payment.”

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