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(영문) 대전지방법원 2017.07.27 2016가단14727

손해배상(기)

Text

1. Defendant B received KRW 10,000,000 from the Plaintiff at the same time, and upon receiving the payment from the Plaintiff, Sejong Special Self-Governing City D.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is the Special Self-Governing City Special Self-Governing City 2104 square meters of water supply sources (hereinafter “instant land”).

(A) The owner is the Plaintiff’s 130 square meters on the part of the land (A) land connected in sequence of each point of Section 1, 2, 3, 4 and 1 of the attached drawing indication 1, 2, 3, 4 and 1 of the instant land, and Defendant B’s Matern’s grave (hereinafter “instant grave”).

2) Defendant B manages the instant grave by hand, and Defendant C is children of Defendant B.

3) On March 8, 2006, the Plaintiff drafted a written contract with E to sell and purchase the instant land, etc., and on March 28, 2014, the Plaintiff was to move the instant grave at the Plaintiff’s expense, and the Plaintiff received KRW 50 million as down payment from E on the same day. (B) Defendant B lent KRW 10 million to the Plaintiff around February 22, 2005.

2) On March 9, 2006, the Plaintiff deposited KRW 10 million into Defendant B’s account, and Defendant B transferred KRW 10 million to the Plaintiff’s account on May 13, 2006. [The fact that there is no dispute over the grounds for recognition, and the purport of the entire pleadings, as indicated in subparagraphs 2 and 8, and 3, and the purport of the whole pleadings.

2. The parties' assertion

A. Plaintiff 1) After concluding a sales contract with E, the Plaintiff requested Defendant B to relocate the grave. Defendant B consented to the Plaintiff’s request, and the Plaintiff paid KRW 10 million to Defendant B with this equipment. 2) On March 9, 2006, the Plaintiff paid KRW 10 million to Defendant B, and repaid KRW 10 million borrowed on February 22, 2005, and deposited KRW 10 million in Defendant B’s passbook.

3) However, Defendant B deposited this equipment KRW 10 million in the Plaintiff’s passbook due to the harassment of Defendant C, who was the child on May 13, 2006, as the bullying. B. Defendants 1 and 2 did not agree to have the Plaintiff move to the Plaintiff, and the Plaintiff was fake on March 9, 2006.