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(영문) 서울서부지방법원 2018.02.08 2016가단237045
손해배상(기)
Text

1. The Defendants: (a) KRW 4,426,66, respectively, and KRW 5% per annum from April 11, 2014 to February 8, 2018, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. Nonparty H, the owner of the building, contracted the reconstruction construction of the I-Ground apartment of Gangnam-gu Seoul Metropolitan Government (hereinafter “instant apartment”) from the Defendants, and had a claim for ownership transfer registration in accordance with the accord and satisfaction agreement with respect to some of the instant apartment units against the Defendants.

B. On June 13, 2007, on the apartment of this case, registration of preservation of ownership was made in the name of each of the Defendants.

C. On May 28, 2008, the Plaintiff asserted that H had a loan claim of KRW 132,800,000 against H, and that the amount of the claim is KRW 132,80,000,000, which was decided on May 28, 2008 by Seoul Central District Court 2008Kadan3867 against the Defendants of the third-party obligor H. The provisional attachment decision was delivered to the Defendants on June 2008.

On December 2007, H filed a lawsuit against the Defendants on the registration of ownership transfer in the name of H based on the final and conclusive judgment with Seoul Northern District Court 2007Gahap11228, and on November 2008, “The Defendant was paid KRW 265,110,000 from H, and at the same time he was paid KRW 265,110,000 from H, and the Defendant was paid KRW 1/9 of the instant apartment units to H on March 29, 2005,” and the said judgment became final and conclusive on December 2008.

After that, on April 11, 2014, H deposited its debt amount in the Defendants’ future, completed the registration of ownership transfer with respect to three units of apartment units 201, 301, 701, and 701, and completed the registration of ownership transfer with respect to the above units of apartment units 201, 301, and 301, on November 25, 2014, H completed the registration of ownership transfer with respect to Non-Party J, K on the day of completing the registration, and 701 for Non-Party L on November 25, 2014.

(e).

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