logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2019.01.31 2017가합56754
손해배상(기)
Text

1. Defendant B shall pay to the Plaintiff KRW 210,838,740 as well as 15% per annum from August 12, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On August 28, 2001, Defendant B and D reported marriage on May 19, 1978 with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”).

The registration of transfer of ownership has been completed in the name.

B. On January 30, 2012, Defendant B filed a lawsuit against D to the Gwangju District Court for demanding the performance of the procedure for claiming the registration of ownership transfer against D as the cause of filing a claim for the termination of the title trust agreement regarding the instant real estate (Seoul District Court 2012Kadan5211). The said judgment was initiated by service by public notice, and the said court rendered a judgment accepting Defendant B’s claim (hereinafter “instant judgment”) on August 25, 2012, and the said judgment became final and conclusive around that time.

C. On February 1, 2013, Defendant B and the Plaintiff entered into a real estate sales contract with Defendant B to sell the instant real estate to the Plaintiff at KRW 143,00,000 (hereinafter “instant real estate sales contract”), and the Plaintiff paid Defendant B a total of KRW 143,00,000,000 on the same day as the purchase price under the said contract, and KRW 13,000,000,000 on February 20, 2013.

On February 4, 2013, Defendant B completed the registration of transfer of ownership in its name with the termination of a title trust agreement on the instant real estate as the grounds for registration (hereinafter “registration No. 1”), and on the same day, Defendant B completed the registration of transfer of ownership with the instant real estate sales contract as the grounds for registration.

(hereinafter “Registration No. 2 of this case”). (e)

D A. On March 4, 2013, the lower court filed an appeal for subsequent completion against the instant judgment on March 1, 2013 (Seoul District Court 2013Na2449). On September 12, 2013, the appellate court revoked the instant judgment and revoked Defendant B’s claim on the ground that “No evidence exists to prove that D’s appeal for subsequent completion is lawful, and that it concluded a title trust agreement with regard to the instant real estate between Defendant B and D is groundless.”

arrow