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(영문) 서울중앙지방법원 2016.01.21 2015가단5000086
손해배상(기)
Text

1. The Defendant’s KRW 28,498,155 as well as the Plaintiff’s KRW 5% per annum from December 13, 2014 to January 21, 2016.

Reasons

1. On June 4, 2010, C completed registration of initial ownership relating to 302 units of multi-household housing of 5 stories in Songpa-gu Seoul Metropolitan Government D Ground D (hereinafter “instant building”).

The Defendant completed the registration of ownership transfer on September 27, 2012, based on the sales contract (hereinafter “instant sales contract”) dated September 19, 2012 with C as to the instant building on September 27, 2012.

On November 19, 2012, the Plaintiff leased the instant building from the Defendant during the period from December 19, 2012 to December 8, 2014, with the lease deposit of KRW 150,00,000, and the lease period of the instant building from December 9, 2012 to December 8, 2014.

(hereinafter “instant lease agreement”). The Plaintiff paid the foregoing lease deposit to the Defendant, and completed the move-in report on the instant building from around that time, and occupied the instant building with the fixed date fixed.

Meanwhile, asserting that the instant sales contract between C and the Defendant constituted a fraudulent act, E filed a lawsuit against the Defendant for revocation of the fraudulent act by Seoul Eastern District Court 2013da13192, and the said lawsuit became final and conclusive as of October 28, 2013, stating that “The sales contract between the Defendant and the Nonparty C on September 19, 2012 regarding “302, 301, and 201, out of multi-household housing on the fifth floor of Songpa-gu D 5th floor” was revoked, respectively. The Defendant: (a) the Seoul East Eastern District Court, Songdong District Court, Songdong District Court, a registry office, and a registry office, completed as of September 27, 2012, the procedure for registration of cancellation of ownership transfer registration, which was completed as of September 27, 2012.”

Accordingly, on November 18, 2013, the registration of ownership transfer of the instant building that was completed in the future of the defendant was cancelled and the ownership was returned to C.

After that, G received light falling from the auction procedure of real estate rental (Seoul East Eastern District Court F) that began with respect to the building of this case, and completed the registration of ownership transfer on August 20, 2014.

On August 23, 2014, the Plaintiff ordered the instant building by October 31, 2014, between the G, the Plaintiff and the G, which was the deceased, to the effect that “the Plaintiff ordered the instant building until October 31, 2014, and the instant building by October 31, 2014.”

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