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(영문) 대구지방법원서부지원 2015.07.16 2014가합5785
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. A. Around May 2013, the Geum Ho-ho Construction Co., Ltd. (hereinafter “Gho-hoho-ho Construction”) received a contract from the Defendant for the construction cost of KRW 220,000,000 among the construction cost of the new construction of the apartment building C on the ground B in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and agreed to transfer the ownership of the apartment as indicated in the separate sheet (hereinafter “instant apartment”) regarding KRW 140,00,00 among the construction cost (hereinafter “instant construction cost claim”) (hereinafter “instant apartment”).

B. The Plaintiff was issued a provisional attachment order citing the provisional attachment from this court on February 25, 2014 (hereinafter “the provisional attachment order of this case”) by filing an application for provisional attachment stating that “The garnishee shall not implement the procedure for the ownership transfer registration of the apartment of this case against the third party obligor” with the obligor as the claim for the purchase price of the goods against the Geumho Construction, the amount of KRW 140,000,000,000, and the obligor as the third party obligor as the defendant. The above decision was served on the Defendant on February 28, 2014.

C. On February 7, 2014, the Defendant registered the ownership transfer of the instant apartment under his/her own name at the same time as the registration of ownership transfer was completed. On May 29, 2014, the Defendant again completed the registration of ownership transfer on the ground of the ownership transfer under his/her own name and at the same time completed the registration of ownership transfer on April 28, 2014 (the transaction price of KRW 175,000) to D. The instant real estate was completed on the same day by the debtor E and the maximum debt amount of KRW 126,100,000 to Busan Fisheries Cooperatives.

The plaintiff against the construction of gold Hohoho Lake in this Court 2014Gahap1202.

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