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(영문) 서울중앙지방법원 2014.11.14 2013가합35066
손해배상(기)
Text

1. The plaintiff's preliminary lawsuit claiming the transfer of ownership, the provisional registration of the transfer of ownership, and the cancellation registration of the establishment of the neighboring mortgage.

Reasons

1. Basic facts

A. A. A sales contract for each of the instant lands and buildings 1) The Plaintiff, around January 20, 2006, shall be single-gun C (hereinafter “C”) from the Defendant around January 20, 2006.

(2) The Plaintiff was divided into 177 square meters prior to D, 777 square meters prior to D, E, 85 square meters prior to E, and 913 square meters prior to F, due to the division on March 22, 2006

(A) 100 square meters and 44 square meters of housing to be constructed on the ground (hereinafter “instant building”).

2) The sales contract for the purchase of KRW 80,000 (hereinafter “instant sales contract”).

(2) On March 10, 2006, the Plaintiff entered into a contract, and on March 10, 2006, 326 square meters of land (D previous 777 square meters and E previous 85 square meters of land as a housing site; hereinafter D previous 77 square meters of land as “instant land”; and the instant land and E previous 85 square meters of land are added to “each of the instant land”.

(2) On June 5, 2006, the Plaintiff changed the purchase price to KRW 154,080,000, while revising 60 square meters of housing. (2) On June 5, 2006, the Plaintiff completed the registration of ownership transfer for each of the instant land and buildings on May 30, 2006.

3. The Plaintiff paid to the Defendant KRW 45 million on January 21, 2006, KRW 4,1 million on April 21, 2006, KRW 20 million on May 30, 2006, KRW 6 million on August 28, 2006, KRW 3 million on September 15, 2006, KRW 15 million on September 15, 2006, KRW 3 million on November 2, 2006, KRW 3 million on July 2, 2005, KRW 3 million on November 7, 2006, KRW 3 million on November 3, 2005, KRW 8 million on March 31, 2007, KRW 7 million on April 1, 2007, KRW 7 million on May 16, 200, KRW 7 million on May 27, 2005.

B. On December 21, 2006, the Plaintiff obtained a loan of KRW 100 million from the Mapo Credit Cooperative on each of the instant lands and buildings, and registered the establishment of a neighboring mortgage in the name of the debtor and the maximum debt amount of KRW 140 million with respect to each of the instant lands and buildings in order to secure the said debts.

C. On February 20, 2007, the Plaintiff invested KRW 9 million to the Defendant on February 20, 2007.

The Plaintiff, on June 6, 2007, sold the instant land at 200 square meters.

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