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(영문) 창원지방법원거창지원 2019.01.24 2018가합10014
손해배상(기)
Text

1. The Defendant’s KRW 752,00,000 as well as 5% per annum from September 22, 2017 to January 18, 2018 to the Plaintiff.

Reasons

Facts of recognition

C Around January 201, 201, the Co., Ltd. (hereinafter “C”) removed the three-story buildings on the ground (hereinafter “the existing building of this case”) on the land (hereinafter “instant land”) of the 3-story, Chang-gun, Chungcheongnam-gun, and the third-story land (hereinafter “instant land”) and planned construction of the building of the E land of this case (hereinafter “instant construction”).

Upon delegation by C representative director G, on October 15, 201, the F purchased the amount of KRW 260.17 square meters from the Plaintiff for the second floor of the existing building of this case from the Plaintiff on October 15, 201, and as to KRW 200 million out of the purchase amount, C shall take over the Plaintiff’s loan obligation of KRW 90 million against the Plaintiff’s H association, which is the secured debt of the right to collateral security established on the second floor of the existing building of this case, and pay KRW 50 million in cash, and shall pay KRW 60 million in cash, and the rest of KRW 1 billion shall be paid as a substitute for the second floor of the actual floor of the building to be newly constructed and two households of the apartment.

(hereinafter “instant sales contract”). On February 14, 2012, C obtained a construction permit for the construction of multi-family housing (multi-family housing), offices, retail stores, and buildings for the purpose of its members on the instant land (hereinafter “new building”).

On March 20, 2012, the Defendant entered into an agreement with I and F on March 20, 2012 that the Defendant would become a contractor and C, and accordingly, the Defendant would accept the buyer status under the instant sales contract (hereinafter “instant acquisition agreement”).

I filed a lawsuit against the Defendant seeking to change the name of the owner of the instant construction to himself/herself on May 8, 2013, and won a favorable judgment on January 9, 2014 (Seoul District Court Decision 2013Gahap265). However, upon the application of J Co., Ltd. on May 27, 2014 during the appellate trial, the decision to commence compulsory auction of the instant new building was rendered (Seoul District Court branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch). The new building of this case on the same day.

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