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(영문) 부산지방법원동부지원 2016.09.30 2015가합556
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On January 5, 2012, between the Plaintiff and D, a real estate exchange contract was concluded between the Plaintiff and D to exchange the land listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”) and the commercial buildings listed in paragraph (2) of the attached Table No. 2 of the attached Table No. D owned (hereinafter “instant commercial building”).

At the time of the instant exchange contract, the Plaintiff succeeded to KRW 250,000,000 as collateral obligation of the right to collateral security established on the instant commercial building, and KRW 40,000,00 as collateral obligation of returning the lease deposit to the lessee of the instant commercial building, and KRW 3,00,000 as collateral obligation of the right to collateral security established on the instant commercial building, and KRW 45,00,000 as collateral obligation of the right to collateral security established on the instant commercial building.

B. The instant exchange contract concluded between Defendant B and Defendant C, the actual owner of the instant commercial building, who is the Plaintiff’s agent residing in Busan as the Plaintiff’s wife.

C. On the other hand, on January 20, 2012, D created a provisional registration of the right to claim transfer of ownership on the instant commercial building on January 13, 2012.

In addition, on January 25, 2012, the Plaintiff established a provisional registration of the right to claim transfer of ownership on the instant land to E on January 20, 2012 upon D’s request. D.

In addition, on July 17, 2012, the Plaintiff completed the registration of ownership transfer for the instant land to E on July 16, 2012.

E. Meanwhile, the National Bank applied for a voluntary auction of real estate to the Jung-gu District Court F on the basis of the right to collateral security established on the instant commercial building. On May 21, 2013, the said court rendered a voluntary decision to commence auction and completed the registration of the voluntary decision to commence auction on the same day.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 3 (in the case of evidence A 2 and 3, each number is included), the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. Determination on the assertion of tort caused by fraud 1.

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