손해배상(기)
1. The plaintiffs' appeal is dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. On December 27, 2010, the underlying fact-finding network A entered into a sales contract with Defendant B to purchase the Seocho-gu Seoul Metropolitan Government G Apartment H from KRW 418 billion (hereinafter “instant sales contract”).
According to the sales contract (Evidence A3) of this case, KRW 40 million shall be paid at the time of the contract, and the balance of KRW 378 million shall be paid on December 31, 2010, and as a special agreement, KRW 182 million (from July 27, 2010 to July 27, 2012) shall be written as follows:
On December 31, 2010, the Deceased paid the full purchase price and completed the registration of ownership transfer on the apartment of this case. On June 26, 2017, the Deceased sold this amount of KRW 610 million to J and completed the registration of ownership transfer.
Defendant C is the mother of Defendant B who participated at the time of the instant trade contract, and Defendant D is the buyer’s licensed real estate agent, Defendant E is the broker, and Defendant F is the seller’s licensed real estate agent.
On July 22, 2018, the Deceased had a testament to the effect that he/she comprehensively donated all his/her property to the Plaintiff L and the Plaintiff M, who is his/her spouse, and on August 23, 2018, the Seoul Family Court affixed an approval seal on the above testament.
After the judgment of the court of first instance was rendered, the deceased died on April 12, 2019, and the plaintiffs taken over the lawsuit of this case.
[Grounds for recognition] A1 to 14, B1 to 4, and the purport of the entire pleadings (the plaintiff asserts that the signature and seal of the deceased in the column for the buyer among the sales contract of this case was forged, but in full view of the overall purport of the arguments by the first instance appraiser I, it is recognized that the above signature was the pen of the deceased, and in full view of these facts, it is recognized that the deceased has delivered his seal to the defendant E for the preparation of the sales contract, the above part of the stamp image also is recognized to have been authentic). 2. The defendants asserted as to the cause of the claim by conspiracy at the time of the sale of this case to the apartment of this case.