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(영문) 인천지방법원 2015.12.10 2015나9646
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. Basic facts

A. The Plaintiff purchased D forest 10,223 square meters of D forest 10,223 square meters (hereinafter “instant land shares”) from the Codefendant B of the first instance trial (hereinafter “B”) around 2009, the Plaintiff paid the down payment of KRW 5 million around that time, and the remainder of KRW 29 million around September 2009 to B via G.

B. However, around March 18, 2011, B issued a sales contract to the Plaintiff as of March 18, 201, and completed the registration of ownership transfer as to the instant land shares on March 22, 201, but the seller column of the sales contract was written by the Defendant as the seller.

C. Meanwhile, on April 29, 2009, the registration of ownership transfer was completed to Codefendant C Co., Ltd. (hereinafter “C”) of the first instance court on April 29, 2009. On January 12, 2011, the registration of ownership transfer was completed to the Defendant. On the same day, the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) against all shares owned by the Defendant, including shares in the instant land, was completed, and the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) was completed to the Plaintiff on March 22, 2011.

The registration of transfer of ownership such as paragraph (d) has been completed.

On July 29, 2013, the provisional registration of this case was completed to F on July 26, 2013, the additional registration prior to the provisional registration based on transfer of contract was completed, and F was decided to commence voluntary auction as to shares in the instant land to Cheongju District Court Cheongju Branch H on January 27, 2014.

In the above auction procedure on April 28, 2015, the share in the instant land was sold, and the registration of ownership transfer was completed in I, and the Plaintiff lost its ownership in the instant share in the land.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s motherJ, around September 2009, recommended B to purchase the instant land shares of KRW 34 million, and decided to purchase them. This case’s assertion around September 2009.

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