손해배상(기)
The plaintiff's claim against the defendants is dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
1. Facts of recognition;
A. The plaintiff is a partner of defendant B.
Defendant C is a child of Defendant B.
B. In around 1998, the Plaintiff and Defendant B agreed to purchase the purchase price of 2260 square meters in the name of Jeonnam-gun, Jeonnam-gun (hereinafter “instant land”) and to transfer ownership to the Plaintiff after the Plaintiff paid the purchase price in installments for 20 years.
(hereinafter referred to as “instant agreement”). C.
Defendant B entered into a contract with the Rural Development Corporation on May 30, 1998 to purchase at KRW 18,984,000,000 of land for 2260 square meters (hereinafter “instant land”) with the Jeonnam-gun, Jeonnam-gun, and completed the registration of ownership transfer in its name on June 15, 1998.
By January 15, 2018, the Plaintiff completed the installment payment through Defendant B.
On July 13, 2018, the registration of ownership transfer was completed due to the donation on July 12, 2018 in the name of Defendant C (hereinafter “instant donation”).
E. On January 7, 2019, Defendant B returned KRW 21,289,189, which was paid to the Plaintiff as the repayment of the purchase price in installments.
[Grounds for recognition] Gap 1 to 8, Eul 1, 2, the purport of the whole pleadings
2. The parties' assertion
A. On January 24, 2019, Defendant C agreed to transfer the instant land ownership to the Plaintiff.
Defendant B is obligated to transfer the ownership of the instant land to the Plaintiff pursuant to the instant agreement, and the instant donation was made by Defendant C’s active participation in Defendant C’s breach of trust, and is null and void pursuant to Article 103 of the Civil Act.
The gift of this case constitutes a breach of trust against the plaintiff, and the defendants are jointly obligated to pay the plaintiff KRW 50 million, which is a part of the damages compensation.
B. The Defendants’ instant agreement is null and void as it constitutes a contract title trust. Since Defendant B acquired a complete ownership of the instant land in good faith by the seller, the obligation to transfer ownership does not arise, and the registration of ownership transfer in Defendant C is valid, and the instant donation is deemed as a breach of trust.