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(영문) 의정부지방법원고양지원 2017.05.31 2016가합42
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 17, 2006, the Plaintiff entered into a sales contract: (a) on December 17, 2006, the Plaintiff: (b) sold the sales price of KRW 2.6 billion (hereinafter collectively referred to as “instant land”); (c) the sales price of KRW 2.6 billion (hereinafter collectively referred to as “instant land”) to the Defendant, Dai-si (hereinafter referred to as “Dri”) purchased from Dri-si (hereinafter referred to as “Dri”); (d) KRW 66 square meters prior to F; (e) G large scale 681 square meters; and (e) KRW 724 square meters (hereinafter referred to as “H large scale 681 square meters on September 15, 2011); and (e) KRW 2.6 billion in sales price (hereinafter referred to as “instant land”).

(However, at the time, C entered as the owner of the instant land at the time, as the seller; hereinafter “instant sales contract”). B.

(1) On March 8, 2007, the Plaintiff filed for registration of the instant land with C, and on March 8, 2007, filed for registration with the owner of the instant land, 2.21 billion won with respect to the instant land, and L, the debtor, the mortgagee, and the creditor-mortgaged District Livestock Cooperatives (hereinafter “Bcheon Livestock Cooperatives”).

(2) On March 207, 2007, the Plaintiff completed the registration of the establishment of the neighboring land in the name of the Plaintiff with respect to the land E, F, and G in the name of the Plaintiff, I, and J (hereinafter “K”), and completed on March 23, 2007, the Plaintiff completed the registration of the establishment of each of the instant land in the name of K Co., Ltd. (hereinafter “K”), which was substantially operated by the Plaintiff. On March 23, 2007, the Defendant completed the registration of the establishment of the mortgage over the instant land (the said three parcels in the name of the Plaintiff, the said two parcels in the name of K, and the said two parcels in the name of the debtor, and completed the registration of the establishment of the mortgage over the instant land in the name of

(B) On December 3, 2008, the Defendant acquired the Plaintiff’s collateral obligation of KRW 1.7 billion with respect to the Plaintiff’s Seocheon Livestock Cooperative. On the same day, the Defendant completed the registration of change of the collateral security by changing the debtor to the Defendant on the ground of acceptance of the contract as to the claim of collateral security (1).

4. The defendant completed the registration of change of the right to collateral security, which was changed to N again on February 5, 2010, to the debtor of the instant right to collateral security, Mro, the wife on December 3, 2008, and N again.

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