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(영문) 부산지방법원 동부지원 2018.10.17 2017가단217986
손해배상(기)
Text

1. The Defendant’s KRW 8,77,671 as well as 5% per annum from December 5, 2017 to October 17, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) newly constructed a 4-story apartment house (8 households; hereinafter “instant apartment house”) on the ground of 308.4 square meters on the Busan Shipping Daegu D, Busan, for the purpose of selling it in lots, it was in default around 191.

B. The Plaintiff was awarded a successful bid. On August 28, 2014, the Plaintiff’s representative E changed the name of the Plaintiff with respect to the instant collective housing that had not been registered between the representative director F of the Nonparty Company and F, and agreed to take over the obligations under the sales contract and lease contract already concluded by the Nonparty Company.

After that, on August 4, 2015, registration of preservation of ownership in the name of the plaintiff was completed with respect to each sectional ownership of the instant multi-family housing (total eight households).

C. On June 10, 2016, the Defendant asserted that, around April 1991, the Plaintiff and the Plaintiff’s representative director (hereinafter “the Plaintiff”) concluded a sales contract with the Nonparty Company and the instant apartment house (hereinafter “the instant real estate”) and paid the sales price in full, the Plaintiff, who acquired the rights and obligations under the instant sales contract from the Nonparty Company, is obligated to implement the procedure for ownership transfer registration of the instant real estate, and filed a lawsuit for ownership transfer registration (Dasan District Court Decision 2016Da323635) against the Defendant, the deceased’s heir.

On September 29, 2016, when the lawsuit is pending, the Defendant filed an application for provisional disposition against disposal of the instant real estate with the Busan District Court for the claim for ownership transfer registration under the sales contract as the preserved right, and on October 11, 2016, the above court rendered a decision to accept the Defendant’s application for provisional disposition (Seoul District Court 2016Kadan53170, hereinafter “instant provisional disposition”), and on the same day, the registration of provisional disposition was completed for the instant real estate on the same day.

E. The Plaintiff’s instant case on October 30, 2016.

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