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(영문) 수원지방법원성남지원 2016.09.29 2015가합207248
손해배상(기)
Text

1. The counterclaim shall be dismissed;

2. The Defendant (Counterclaim Defendant) KRW 632,730,000 and its objection on November 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff was established in 1981 for the purpose of training the senior instructor and providing the training of the senior instructor.

B. In around 1998, the Plaintiff purchased each real estate listed in the separate sheet (hereinafter “each real estate of this case”) in order to use it as a site for the Plaintiff’s D Schools under the control of the Plaintiff, and the real estate of this case can be registered under the name of the Plaintiff, a school juristic person, which satisfies separate requirements, such as obtaining permission from the Ministry of Agriculture and Forestry and the Minister of Education at the time when the Plaintiff purchased each real estate of this case.

C. Accordingly, around April 28, 1998, in order to prevent the disposal of each real estate seller of this case, the Plaintiff claimed the ownership transfer registration of the real estate Nos. 1, 3, and 6 of this case as a preserved right, and completed the provisional disposition registration for prohibition of disposal (hereinafter “the provisional disposition registration of this case”) in the name of the Plaintiff (hereinafter “School Foundation F at the time”).

When the date of meeting the requirements for registration of ownership transfer has been delayed, the Plaintiff decided to title trust each of the instant real estate to the Defendant who was the representative (president) of the Plaintiff at the time.

① As to the real estate of this case, according to an agreement between the Plaintiff, G, and the Defendant, the registration of ownership transfer was completed on June 18, 2001 due to the Defendant’s “successful bid due to a compulsory auction under the name of the Defendant,” which was commenced upon the Plaintiff’s application by agreement between the Plaintiff, G, and the Defendant. The Plaintiff provided KRW 61 million as the purchase fund for the real estate of this case during the said compulsory auction procedure.

② With respect to the real estate of this case, the registration of transfer of ownership was completed on August 3, 2001 with the consent of the seller on August 3, 2001, and with respect to the real estate of this case of paragraph (2) of this case, with the consent of the seller, it was based on the donation under the name of the defendant on July 18, 2003.

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