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(영문) 서울중앙지방법원 2016.06.14 2015가단208694
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff loaned KRW 60 million to Nonparty C three times between March 8, 2011 and August 1, 2011, with interest as three copies per month.

B. C completed the registration of initial ownership on March 15, 2012 with respect to the instant four-story detached housing (hereinafter “instant housing”). As to the instant real estate, each of the following collective security rights (hereinafter “each of the instant collective security rights”) was established with regard to the instant real estate:

on March 14, 2012 (Additional Contract) F, G, and H on March 15, 2012, "F " 200,000,000,000 on March 15, 2012, 200 I on March 14, 2012, 50,000,000 J as of March 15, 2012, J on March 27, 2012, referring to " 146,90,000 K on March 28, 2012, referring to as "65,00,000 on March 27, 2012.

C. On October 2012, with respect to the registration of creation of each of the instant units of the mortgage, the Plaintiff requested the attorney-at-law belonging to the Defendant’s L branch office to file an application for provisional injunction against the disposal of the instant unit of real estate as the preserved right. On October 26, 2012, the Plaintiff issued a certified copy of the real estate register on behalf of the Plaintiff on October 26, 2012, and filed an application for provisional injunction against the disposal of mortgage on October 30, 2012. On November 14, 2012, the said court made a provisional injunction citing the provisional injunction (hereinafter “provisional injunction”), followed by the following decision.

C filed an objection against the instant provisional disposition on July 15, 2013, and the Defendant, Attorney M, on behalf of the Plaintiff, attended on September 9, 2013, and prepared and submitted a written document on behalf of the Plaintiff. The said objection was withdrawn on October 14, 2013, and the Plaintiff additionally paid KRW 1 million for the instant provisional disposition on September 24, 2013.

E. On October 28, 2013, the Plaintiff filed a lawsuit seeking revocation of a fraudulent act, which is the principal lawsuit of the instant provisional disposition (hereinafter “instant lawsuit”), and the Defendant’s fee of KRW 3 million is KRW 3 million.

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