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(영문) 대전지방법원 2015.09.11 2015나2124

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

The defendant is the plaintiff's friendly birth.

On November 18, 1987, the Plaintiff purchased from the Plaintiff’s husband D, Chungcheongnam-gun E, Chungcheongnamsan-gun, 755 square meters (hereinafter “F 982 square meters in Seosan-si, G 1,510 square meters”; hereinafter “each of the instant lands”). Of each of the instant lands, the Plaintiff purchased the F 982 square meters in Seosan-si, Seosan-si, Daejeon-si, and the registration of ownership transfer was completed as of August 18, 1988, as of August 18, 20159.

Around April 15, 2000, the Defendant completed the registration of ownership transfer based on sale on April 1, 200, the receipt of April 15, 200 from the same court No. 9462 as of April 15, 200.

The registration of preservation of ownership was completed on April 18, 2012 under the name of the Plaintiff as the receipt No. 12225 of the same court as of April 18, 2012 with respect to the land of this case, which was newly constructed on the F-based F-based F-based ground in Seosan in 1994 and resided by the Defendant on April 17, 2012, and the registration of ownership transfer was completed on April 17, 2012 in the name of the same court as of April 18, 2012.

The Defendant sold each of the instant land and housing in KRW 150,000,000 to O on July 10, 2013, and completed the registration of ownership transfer by the receipt of the same court No. 2573 on August 16, 2013.

As of July 10, 2013, the market price of each of the instant land and the instant housing as of July 10, 2013, is 90,598,880 won in total.

The Plaintiff filed a complaint against the Defendant for embezzlement on suspicion that the Defendant embezzled each of the instant lands and housing, and then revoked the complaint, and the Defendant was subject to a non-prosecution disposition on March 10, 2015 (not having the right to institute a public prosecution).

[Grounds for recognition] In the absence of dispute, Gap's 1, 2, 3, 4, 5 evidence, Eul's 1, 2, Eul's 3 evidence, Eul's partial testimony of the first instance court witness, the result of the appraiser C of the first instance court's appraisal of the appraiser of the first instance court, the fact-finding with the director of the tax office at the first instance court's appellate court's point of claim as a whole.