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(영문) 부산지방법원 2017.11.23 2017가단2133

손해배상(기)

Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

(1) The Plaintiff owned D (E) land of 50 square meters in Busan Dongdong-gu, Busan (hereinafter “instant land”). On May 26, 2010, the ownership transfer registration was completed on the ground of the donation from May 25, 2010, and the Defendant sold the said land to F on September 5, 2013 in KRW 70 million.

d. D A died on January 31, 2015, and his/her property was inherited by the Plaintiff (Appointed Party), the Appointed Party G, the Appointed Party H, the Defendant, I, and the J.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 12, purport of the whole pleadings

2. Determination as to the cause of the claim by the Plaintiff (Appointed Party)

A. The assertion D (hereinafter “the deceased”) was in the state of lack of mental capacity to donate the instant land to the Defendant since around 2008 due to dementia symptoms.

However, on May 25, 2010, the Defendant obtained documents necessary for the registration of transfer of ownership using the deceased’s identification card and seal imprint, etc., and completed the registration of transfer of ownership in the name of the Defendant by forging the donation contract, etc. in the name of the deceased without authority.

The Defendant’s aforementioned tort caused the Plaintiff (Appointed Party) and the designated parties (hereinafter “Plaintiffs”) to not inherit the instant land, which is the inherited property of the deceased, due to the Defendant’s tort, and thus, the Defendant is liable to compensate the Plaintiffs for damages each of the KRW 11,66,666 (70,000,000,000, which is the amount equivalent to the Plaintiffs’ inheritance shares, out of the purchase price of KRW 70,00,000,000, which was derived from the Defendant’s sale of the instant land.

B. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 13 through 16, the deceased was diagnosed on Oct. 18, 2008 at the K Care Hospital located in the Busan East-gu, Busan, for brain-dead, second brain fever, blood transfusion outside brain salvine, dementia, and large beerculosis, etc. The deceased was diagnosed on Aug. 1, 2009 to Nov. 31, 2015. The deceased was admitted to the L Care Center located in Yangsan-si with dementia symptoms from Aug. 1, 2009 to Nov. 31, 2015.