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(영문) 수원지방법원 2018.02.22 2016나72266
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On September 14, 1990, the network E completed the registration of initial ownership relating to the real estate listed in the separate sheet (hereinafter “instant housing”).

The deceased on July 11, 2009, the deceased on February 20, 2014, and the deceased on February 20, 2014, G, a child of the deceased E, renounced the inheritance of the deceased E and F.

Accordingly, the Defendants, who are the remaining children of the network E, inherited the network E’s inherited property each by 1/3.

B. The deceased died on May 14, 2003 while living in the instant housing, and the Plaintiff inherited the instant housing upon the division of inherited property on January 20, 201.

C. Meanwhile, on May 23, 2009, the network E sold the instant housing in KRW 150,000,000 to I, and completed the registration of ownership transfer on July 10, 2009.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 7, and 8, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. On January 27, 1982, the Plaintiff’s assertion E drafted a payment guarantee to pay the amount of meal and loan KRW 1,000,000 to the deceased H, and subsequently, on February 19, 1982, the Plaintiff paid the amount of KRW 4,038,000 related to the apartment house construction including the instant house to the deceased H by May 15, 1982, and, if it is not possible to pay it, the Plaintiff prepared a letter (Evidence 5) that he would transfer the instant house to the building as a substitute and received a notarial deed.

The network E sold the instant housing to the network E without performing the process of ownership transfer registration even though it failed to fulfill the above payment obligation.

Therefore, the network E is obligated to compensate for damages equivalent to KRW 150,000,000 for the above purchase price, since it did not perform its obligation under the above payment agreement as of February 19, 1982, and the Defendant and the designated parties who inherited the network E are obligated to pay the Plaintiff KRW 50,000,000 for each of them.

B. The purport of the entire pleadings is as follows: evidence Nos. 11-1 to 4, and evidence No. 1-1 to No. 1-3.

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