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(영문) 수원지방법원 2018.11.13 2017가합14867

손해배상(기)

Text

1. As to KRW 579,331,432 among the Plaintiff and KRW 508,104,712 among the Plaintiff, the Defendant shall start from June 13, 2017, and the remainder 71,26.

Reasons

1. Basic facts

A. The status of the parties is that the defendant is a clan comprised of adult male and female members of E's descendants, who were buried in D in the territory of the Republic of Korea located in Ma, and F is the former president of the defendant, and G is a ushel of F.

B. On June 11, 2012, the Plaintiff: (a) between G and G delegated by F as the president of the Defendant at the time of the Defendant; and (b) the Plaintiff’s respective real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by the Defendant from the Defendant.

) A sales contract stating that he/she purchases KRW 520,800,000 (hereinafter “instant sales contract”).

) The Defendant prepared the following: (A) the certificate No. 1 is the sales contract, and the Defendant asserts that the stamp image indicated in the above sales contract is not based on the Defendant’s seal; (b) but according to the testimony stated in the evidence No. 3-1, No. 2, No. 7-2, No. 7-2, and No. 2, and the witness H and I’s testimony, the Defendant’s representative’s seal was affixed on the above sales contract, and thus, the authenticity of the above sales contract is recognized.

According to the court's findings of the verification, although the seal of the defendant's present custody is deemed to be different from the seal indicated in the above sales contract, as the defendant's own recognition was also made, F appears to have used the seal different from the seal currently kept by the defendant, and there is no difficulty in recognizing the authenticity of the above sales contract.

(2) On June 26, 2012, the Plaintiff completed the registration of transfer of ownership based on the sale of each real estate listed in [Attachment List No. 3] on July 6, 2012 as to each real estate listed in [Attachment List No. 1 and 2] on July 6, 2012 (hereinafter “instant registration of transfer of ownership”).

3) On July 6, 2012, the Plaintiff is the JJ (hereinafter “J”).

A loan of KRW 320,00,000 has been granted to the J on the same day, and on the same day, the maximum maximum debt amount for each of the instant immovables shall be 384,000.