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(영문) 서울서부지방법원 2015.02.10 2014가합33086
손해배상 등 청구의 소
Text

The Defendant (Appointed Party) and the appointed parties are as follows: KRW 150,000,000 for each Plaintiff and the designated parties are as from May 21, 2014.

Reasons

In fact, the Seodaemun-gu Seoul Metropolitan Government No. 1301 (hereinafter, hereinafter, hereinafter, hereinafter, the apartment of this case) originally decided to pay in kind the construction cost to the non-party association owned by the non-party association (hereinafter, the non-party company). However, the defendant (appointed party; hereinafter, the defendant) who was an employee of the non-party company of this case on July 27, 2005 without the consent of the non-party company, completed the registration of ownership transfer for the apartment of this case on July 14, 2005 without any authority.

On November 28, 2005, the Plaintiff entered into a lease contract between the designated parties with the lease deposit amounting to KRW 150,000,000, and the lease contract between December 16, 2005 and December 16, 2007. At that time, the Plaintiff paid KRW 150,000,000 to the designated parties for the lease deposit and had been renewed while residing in the apartment of this case.

However, on March 4, 2008, the non-party company filed a lawsuit against the non-party union and the designated party (Seoul District Court Branch Decision 2008Gahap3847), and on May 29, 2009, the non-party company rendered a judgment to cancel the transfer of ownership in the name of the designated party with respect to the apartment of this case as to the non-party company on the ground that the transfer of ownership in the name of the designated party with respect to the apartment of this case is completed without authority and null and void." The judgment to order the non-party company to implement the transfer of ownership due to the payment agreement in kind, and from the appellate court (Seoul High Court Decision 2009Na53606) to the non-party company on April 29, 2010, the judgment to dismiss the appeal, which became final and conclusive on October 14, 2010.

(hereinafter referred to as "litigation"). On February 25, 2013, a construction mutual aid association, which is a creditor of the non-party company, registers transfer of ownership in the name of the person who selected the apartment in this case in accordance with the above final judgment.

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