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(영문) 전주지방법원 2015.06.17 2014가단35602

손해배상(기)

Text

1. The Defendant shall pay to the Plaintiff KRW 25,00,000 and the interest rate of KRW 20% per annum from October 24, 2014 to the day of full payment.

Reasons

1. Facts of recognition;

A. On December 7, 2006, the registration of ownership preservation was completed in the Plaintiff’s future on December 7, 2006 with respect to 1 Dong and 2 Dong, Kim Jong-si (hereinafter “instant building”). On November 11, 2011, the registration of ownership transfer of KRW 40 million in the transaction value on September 15, 201 (hereinafter “the first registration of ownership transfer”) was completed in the Defendant’s future on September 15, 201, and the registration of ownership transfer of KRW 25 million in the transaction value on March 14, 2014 (hereinafter “the second registration of ownership transfer”) was completed on March 14, 201.

B. The Plaintiff and the Defendant drafted a written agreement prior to the transfer registration of the first ownership (hereinafter “instant agreement”), and the written agreement states that “the Defendant shall pay the real estate user fee in an annual amount of three million won,” and that “the Defendant shall not dispose of this real estate at will or lend it to another person. It shall consult with the Plaintiff at the time of disposal and lease.”

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 2, and 5 (including virtual numbers), the purport of the whole pleadings

2. Occurrence of liability for damages;

A. The Plaintiff’s assertion 1) The Plaintiff trusted the instant building to the Defendant through the registration of ownership transfer in the first place, and the Defendant, without the Plaintiff’s consent, completed the registration of ownership transfer in the second place in the D future. According to the Act on the Registration of Real Estate under Actual Titleholder’s Name, D acquired ownership of the instant building, and the Plaintiff lost ownership of the instant building due to the Defendant’s above act. Therefore, the Defendant is obliged to pay the Plaintiff KRW 25 million, which is the transaction price of the second ownership transfer registration in the instant case, which can be deemed as the amount of damages caused by the Defendant’s tort, to the Plaintiff, and the delay damages therefrom. (2) The Defendant’s assertion was constructed at his own expense by the Defendant, but only nominal.