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(영문) 서울중앙지방법원 2021.01.08 2019가합509163

손해배상(기)

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1. Defendant D and E jointly provide the Plaintiff with KRW 603,283,400 and 5% per annum from June 21, 2017 to July 30, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants’ relations 1) The Plaintiff married Defendant B, D, G, H, and I on April 5, 2019 with the networkF deceased on April 5, 2019, and had Defendant B, D, H, and I as their children.

H filed an appeal against the Plaintiff on February 9, 2017 by limiting the scope of the appeal against the Plaintiff. On January 3, 2018, the Seoul Family Court limited the Plaintiff to the guardian of G by 50326, and the decision to commence the check was made.

2) Defendant C and Defendant D are legally married with Defendant E.

B. On April 23, 2016, the Plaintiff entered into a sales contract of KRW 370,000,000 with respect to L and the above real estate on April 23, 2016, and received KRW 37,000,000 on the same day’s deposit as the Plaintiff’s account, and KRW 297,00,000,000, which is part of the remainder on May 9, 2016, respectively, from among the owners of the Songpa-gu Seoul Metropolitan Government Jtel (hereinafter “Jtel of this case”). On the same day, the Plaintiff completed the registration of transfer of ownership.

2) On October 8, 2016, the Plaintiff entered into a sales contract with O on October 8, 2016 with respect to the said real estate at KRW 217,00,000, while holding the Songpa-gu Seoul Building N (hereinafter “instant Mtel”), and received the down payment of KRW 22,00,000 in the Plaintiff’s account on the same day. On October 17, 2016, the Plaintiff registered the transfer of ownership toO.

3) On December 5, 2016, the Plaintiff purchased Q of the P Building in KRW 113,80,000, and completed the registration for transfer of ownership on January 6, 2017. On December 8, 2016, the Plaintiff purchased the R Building S from KRW 113,80,000 and completed the registration for transfer of ownership on January 6, 2017.

(c)

On June 30, 2014, Defendant B and C entered into a sales contract for KRW 954,031,40 with respect to the sale price for the building U of Songpa-gu Seoul Metropolitan building (hereinafter “instant building”). On October 24, 2016, the Industrial Bank of Korea registered the transfer of ownership for the said building. On the same day, the Industrial Bank of Korea registered the establishment of a collective security right with respect to the said commercial building with the maximum amount of KRW 336,00,000 with respect to the obligor B and the claim amount of KRW 36,000.

(d)

Defendant C and E.