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(영문) 수원지방법원 2020.01.21 2019가단518274

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On December 31, 1980, the Plaintiff completed each registration of the transfer of ownership with respect to the area of 1,048 square meters per E prior to Sinjin-si on August 26, 1981 with respect to the area of 1,397 square meters prior to F, and 1,428 square meters per G unit on August 26, 1981.

(B) The above three lots of land (hereinafter referred to as “each piece of land of this case”).

On March 8, 2018, the Plaintiff: (a) sold each of the instant land to H in the amount of KRW 198,000,000,000 for each of the instant land to H; (b) on the same day; (c) on June 15, 2018, the Plaintiff entered into a sales contract with the intention to implement the procedures for ownership transfer registration at the same time as the Plaintiff was paid the remainder of KRW 192,00,000 on the same day; and (d) on June

(hereinafter “instant sales contract”). C.

On June 15, 2018, the Plaintiff issued all documents necessary for the registration of transfer of ownership to Defendant D, an employee of the certified judicial scrivener office, who had agreed to take charge of registration at Defendant B’s office, and received KRW 192 million out of the purchase price as a check, and received the remainder of KRW 5 million from Defendant C.

H completed the registration of ownership transfer based on payment in kind on June 3, 2018 with respect to each of the instant land on June 15, 2018. On the same day, H completed the registration of ownership transfer based on payment in kind on the same day, and completed the registration of ownership transfer based on payment in kind on May 23, 2018, with respect to the land of this case on the same day 2,893 square meters, J maintained 205 square meters, K 3,045 square meters, and L maintained 122 square meters (hereinafter “Mi land”).

E. On June 15, 2018, H completed the registration of the establishment of a mortgage over KRW 648,00,000 with respect to each of the instant land and Mariland, N Co., Ltd.

F. On December 19, 2018, the Seo-gu District Public Prosecutor’s Office filed a claim for a summary order of KRW 5 million on the charge of forging and forging a payment contract in lieu of Defendant B’s name on June 3, 2018, with respect to the charge of using the forged payment contract in lieu of the Plaintiff on June 3, 2018. A summary order was issued and finalized on January 11, 2019.

G. The officially assessed individual land price of each of the instant lands in 2018 is the aggregate of 271,919.