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(영문) 대구지방법원 2017.07.20 2015가단44851
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Determination on the cause of the claim

A. The Plaintiff asserted that the Plaintiff transferred 221 square meters of G miscellaneous land and 170 square meters of H orchard (hereinafter “each of the instant lands”) divided from Youngcheon-si, Youngcheon-si, E and F, the Plaintiff owned at the request of the Defendants who need access roads for the construction of a new factory to Yongcheon-si, Incheon-si, the Plaintiff transferred the land under the name of Non-Party Ba.

When the Defendants received the transfer of each of the instant land from the Plaintiff, they again returned the land to the Plaintiff if the factory permission was granted. On March 7, 2005, the Defendants followed the registration of ownership transfer in the Plaintiff’s name with six attachment and provisional attachment on each of the instant land.

The Defendants, while seeking to cancel the right to collateral security, seizure, and provisional seizure established on each of the instant lands, prepared a letter with the aim to use the substitute way in the name of the Plaintiff (hereinafter “each of the instant notes”) by receiving a successful bid after filing an application for auction with respect to each of the instant lands with respect to each of the instant lands with the largest claim against the Plaintiff by Defendant B.

However, on January 13, 2006, the Defendants received a successful bid in the name of Nonparty I (Defendant B’s wife) and did not transfer the land to the Plaintiff. On July 6, 2011, the Defendants sold each of the instant land to Nonparty J, thereby failing to implement an agreement under each of the instant agreements.

On February 2, 2017, the Plaintiff purchased each of the instant lands from Nonparty J from Nonparty J to KRW 35,400,000 on the wind that the Defendants did not comply with each of the instant notes, and paid to Nonparty J up to KRW 7,832,350, in total, the costs of litigation between the Plaintiff and Nonparty J.

Therefore, the Defendants are obligated to pay to the Plaintiff the sum total of KRW 43,232,350 and delay damages for the purchase of each of the instant land.

B. According to the reasoning of each judgment, Gap evidence Nos. 1 through 4, 6, 7, 9, and 10 (including each number), it is about the factory building constructed in Yongcheon-si K from the Youngcheon City market around November 200.

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