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(영문) 수원지방법원 2016.09.08 2013가합12757
손해배상(기)
Text

1. The part of the Plaintiff C’s claim for the confirmation of existence of an obligation shall be dismissed.

2. The Selection E shall be KRW 26,775,00.

Reasons

1. Basic facts

A. On May 6, 2008, the Selected E entered into a sales contract with N on behalf of K, L, and M on May 6, 2008 with the content of purchasing 3/4 shares of the 3/6,325 square meters of the above K, L, and M’s O forest (hereinafter “instant real estate”).

B. In the process of the above sales contract, “K, L, M, E, and six other persons with parental authority N,” and two real estate sales contracts, which are written differently from KRW 2.6 billion and KRW 1.3 billion, were written on May 6, 2008.

(hereinafter referred to as “2.6 billion won contract” and “1.3 billion won contract” are specified. C.

The Defendant completed the registration of the establishment of a neighboring mortgage to the obligor, K, L, M, and the mortgagee as the Defendant, under Article 5222 of the Gyeyang District Court’s Ansan Branch, which was received on May 13, 2009, as of May 13, 2009, by establishing a contract on the instant real estate.

On November 26, 2009, the Defendant applied for a voluntary auction on the instant real estate and received a decision to commence the auction from the Suwon District Court on December 10, 2009. The instant real estate appraised at KRW 2.685 billion was sold to the Plaintiffs, the Defendant, and the designated parties on September 13, 2010 in KRW 3.918 billion.

E. On September 13, 2010, Plaintiff A completed the transfer registration of ownership of shares with respect to the 12/192 shares of the instant real estate under the Suwon District Court, Ansan Branch of the Suwon District Court, the Anyang Branch of the Family Court, which was received on October 20, 2010, and the Plaintiff C completed the transfer registration of shares with respect to the 6/192 shares of the instant real estate under the received on September 13, 2010 due to the sale by voluntary auction on September 20, 2010, the Suwon District Court, the Ansan Branch of the Ansan Branch of the Family Court, the receipt of the 6604 shares as of October 20, 2010, and the Plaintiff B completed the transfer registration of shares with respect to the 12/192 shares of the instant real estate under the received on September 13, 2010 as the received on December 16, 2010.

[Reasons for Recognition]

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