손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On June 28, 1972, the Plaintiff agreed to title trust the Plaintiff’s real estate to the Defendant and C (hereinafter “the Defendant, etc.”) to purchase from D on June 28, 1972, the Plaintiff purchased the Daegu-gu Embro 192 square meters and its ground (hereinafter collectively “the instant real estate”) and purchased the said real estate from D on the same year as to the said real estate.
7. 10. 10. The defendant, etc., completed the registration of ownership transfer under the joint name of the defendant, etc., but the defendant, etc., sold and disposed of the real estate of this case at will to F on May 4, 2000 at KRW 21,100,000,000, and thus, the defendant is obligated to pay to the plaintiff KRW 15,500,000 out of the above purchase price due
2. Determination
A. First of all, the issue is whether the Plaintiff trusted the instant real estate to the Defendant, etc.
B. The Plaintiff’s 5 South and North Korea between the deceased G and the deceased H is the Defendant’s 4 South and North Korea, and the Plaintiff and the Defendant, etc., as the head of South and North Korea, have no dispute between the parties.
In full view of the evidence Nos. 2 through 4 (including branch numbers; hereinafter the same shall apply), Gap evidence Nos. 12, 13, Eul evidence Nos. 1 and 2, Eul evidence Nos. 1 and 1 and 2, and witness I's testimony, the Plaintiff borne the living expenses of his family including the defendant, etc. and the net G hospital expenses between 1965 and 1972, and the net G owned the building. The fact that the Plaintiff contributed insufficient funds in the process of constructing the building on the ground of the above JJ land on the second floor; the fact that the Plaintiff purchased the building on the second floor after the deceased on Feb. 13, 1968, the ownership transfer registration on the land of this case was completed on the grounds of inheritance on the part of his heir including the defendant; and the ownership transfer registration was completed on the next day after the completion of the construction of the building on the same day.