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(영문) 서울고등법원 2020.10.15 2019나2034556

손해배상(기)

Text

1. The judgment of the court of first instance (excluding the part invalidated by partial withdrawal of a lawsuit) shall be modified as follows:

Of the instant lawsuits, 189.

Reasons

1. Basic facts

A. C and D land and buildings on the ground thereof and E are owned and registered in around March 2, 1989, and E lends the name of the Plaintiff, a Dong-in, the Dong-in, Seoul Special Metropolitan City, the Seoul Special Metropolitan City Gwangjin-gu Seoul Special Metropolitan City Metropolitan City Metropolitan City Metropolitan City Metropolitan City Metropolitan City Metropolitan Area C and 136 square meters (current administrative district criteria;

After purchasing, on April 11, 1989, the Plaintiff completed the registration of ownership transfer under the Plaintiff’s name. On May 1, 1989, the Seoul Gwangjin-gu Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City D large 205m205m2 (hereinafter “the instant land”) is called “the instant land and the instant land No. 1 and the instant land No. 2.”

On May 24, 1989, E purchased the instant land, and completed the registration of ownership transfer under F on May 24, 1989.2) E newly constructed the neighborhood living facilities of the first and sixth floor above the ground (hereinafter “instant building”). On January 18, 1995, E completed the registration of ownership transfer under the name of the Plaintiff and F (1/2 shares, respectively) with respect to the instant building.

3) Afterward, F Co., Ltd. (hereinafter “G”) on April 18, 2005 due to the sale as of July 26, 1994, with respect to the land No. 2 in the name of F and the first/2 shares of the instant building.

(4) On April 18, 2005, G entered into a sales contract with G to purchase the land of this case and the 1/2 shares of the building of this case between G and G on the following grounds: (a) at the time, the representative director of G was H, but the Defendant, the son of the son of the son of the son of the son of the son of the son of the son, actually operated G; and (b) at that time, I paid the sales amount to G in cash and bills.

I completed the registration of ownership transfer on April 18, 2005 with respect to the land 2 of this case and the 1/2 portion of the building of this case.

(B) On July 23, 2020, at the seventh day of pleading, the Defendant stated that the portion owned I was actually sold to I and received all the sales amount. However, it is a house, and it is also a house, and that the Plaintiff was able to gather well due to the lack of talking to the Plaintiff.