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(영문) 서울남부지방법원 2013.10.01 2011가합19110
손해배상
Text

1. Defendant B’s KRW 127,237,090 among the Plaintiff and KRW 100,000,100 among them, and KRW 27,236,90 from December 10, 201.

Reasons

1. Facts of recognition;

A. (1) On June 25, 2004, the Plaintiff completed the registration of ownership transfer with respect to E bath in Gangseo-gu Seoul Metropolitan Government D underground floors non-01 (hereinafter “instant bath”).

(2) On August 13, 2004, on the instant bath, ① the establishment registration of a neighboring mortgage with FF, National Federation of Collaterals, the maximum debt amount of KRW 335.4 million, the debtor’s wife, and ② the establishment registration of a lease on a deposit basis on July 11, 2006, up to July 10, 2007, for the duration of the lease on a deposit basis, up to July 10, 2007, for the lease on a deposit basis with the mortgagee G.

B. (1) The ownership of forest land, etc. (1) H forest land 29,081 square meters (hereinafter “instant forest”) is located within the land transaction permission zone under the National Land Planning and Utilization Act.

(2) On November 24, 2006, the instant forest was registered for ownership transfer in I’s name.

(3) On April 23, 2008, Defendant B, as the creditor of I, completed the registration of creation of a mortgage over the forest of this case with the maximum debt amount of KRW 500 million.

Defendant B, as the actual owner of the instant forest, filed an application for voluntary auction on the instant forest land with the Suwon District Court J in Sung-nam Branch under the said right to collateral security, and the auction procedure was commenced on June 2, 2008 with respect to the instant forest land.

(4) Meanwhile, prior to Defendant B’s completion of the registration of the establishment of a neighboring mortgage, the registration of provisional attachment of the old Salary Credit Cooperative and the registration of the establishment of a superficies and the registration of the establishment of a new superficies for the forest of this case was completed.

C. (1) The defendant C is the husband of the defendant B.

On August 9, 2008, Defendant C, representing Defendant B, entered into a contract with the Plaintiff to exchange the instant bath and the instant forest (hereinafter “instant exchange contract”).

However, when the forest land of this case is located within the land transaction permission zone, the ownership is transferred by obtaining the land transaction permission immediately.

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