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(영문) 수원지방법원 2016.11.04 2015가합64783

손해배상(기)

Text

1. The Defendants are 134,105,880 won to each Plaintiff and 5% per annum from March 4, 2011 to September 9, 2016.

Reasons

1. Basic facts

A. The Defendants, taking advantage of the fact that the scope of the heir varies before and after January 1, 1960, the enforcement date of the Civil Act, which was the date of the enactment, forged the date and time of the deceased’s death on July 10, 1959 as “the date and time of the deceased’s death” in the name of Defendant D and G, H, I, J, J, K, K, H, M, M, and NN9 (hereinafter “Defendant D, etc.”) on October 6, 2010. The Defendants completed the registration of ownership transfer on the ground of the deceased’s inheritance under the name of Defendant D and G, H, I, K, H, M, and nine (hereinafter “Defendant D, etc.”) among the co-inheritors of the deceased’s 28 co-inheritors.

B. As above, while the deceased died on July 10, 1962 and the co-owner of the instant land was 28 co-inheritors of the deceased, the Defendants are as follows: (a) only nine persons, including Defendant D, who purchased the entire instant land and attempted to develop the instant land, including Defendant D, etc., as if they were the legitimate owner of the instant land, deceiving the deceased as if only nine persons, including Defendant D, who had completed inheritance registration, were to be the legitimate owner of the instant land; and (b) had theO, as between Defendant D and G, H, K, L, L, M, and N seven persons (hereinafter “sellers, such as Defendant D, etc.”) on February 25, 201, by setting the purchaser as the Plaintiff, and by setting the purchase price as KRW 394 million,400,000,000 and purchase price as KRW 198/286 of the instant land.

2.3.2

C. According to the instant sales contract, the Plaintiff paid KRW 50 million as down payment on February 25, 201 to the seller, including Defendant D, and KRW 39 million as the remainder on March 4, 2011, and KRW 198/286 as to the share out of the instant land. In order to complete the registration of ownership transfer, the Plaintiff paid KRW 19,605,880 in total as various public charges, such as acquisition tax and education tax, and fees for certified judicial scriveners.

Since then, O became aware of the fact that the co-inheritors of the instant land became more than nine, including Defendant D, etc., and the seller, including Defendant D, excluded the Plaintiff’s share.

참조조문