beta
(영문) 대전지방법원천안지원 2020.12.10 2020가단101764

손해배상(기)

Text

1. The Plaintiff:

A. Defendant B: (a) as to KRW 120,100,000 and KRW 114,600,000 among them, from August 18, 2016 to February 18, 2020.

Reasons

1. Facts of recognition;

A. The land of the said three parcels is owned by the M clan (hereinafter referred to as the “instant clan”) that is composed of KC 18 years old, K, and the family of the instant clan (hereinafter referred to as the “instant clan”) consisting of four species: NP, OP, PP, and QPs, which are the lower part of the instant clan, of the instant clan.

B. Defendant B managed the instant real estate as the representative of the above Nmp debt species. Around April 2016, Defendant B recommended G, a representative of the above Omp debt species, to sell the instant real estate to the Plaintiff, to sell the instant real estate to the Plaintiff.

C. Notwithstanding the fact that Defendant B’s advice is not the representative of the instant clan, G forged the minutes of a clan with the intention to sell the instant real estate as of April 5, 2016 by misrepresenting the representative of the instant clan, and subsequently completed the registration of transfer of ownership with respect to the instant real estate to the Plaintiff as of August 18, 2016, receiving KRW 114,60,000 from the Plaintiff and receiving KRW 114,60,000 from the Plaintiff around August 18, 2016, as of August 19, 2016.

In 2017, the clan of this case came to know that the real estate of this case was sold to the Plaintiff by selecting R as its representative. A criminal complaint was filed against the members of G, etc., who were recorded in the minutes of the clan, for the purpose of forging documents.

E. G has led to a confession of all the facts of forging the minutes, etc. of a clan during the investigation process of the above criminal case, but was issued a disposition of non-prosecution on October 25, 2018. The deceased G’s legal heir is Defendant C, E, and F, who is the spouse of the Defendant C, E, and F.

F. On January 2019, the instant clan filed a lawsuit against the Plaintiff to cancel the ownership transfer registration of the instant real estate and filed a lawsuit against the Plaintiff for the cancellation of the ownership transfer registration of the instant real estate, Daejeon District Court Decision 2019Da100390, hereinafter referred to as “the instant clan”).