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(영문) 춘천지방법원 2015.01.28 2014가합5807
손해배상(기)
Text

1. Defendant C’s KRW 55,00,000 and its amount are 5% per annum from February 3, 2014 to July 29, 2014.

Reasons

1. The following facts are acknowledged, either in dispute between the parties or in full view of the purport of the entire pleadings in Gap evidence Nos. 1 to 5 (including the branch numbers of each evidence).

A. The Plaintiff is the mother of the deceased D (the deceased on November 27, 2012, hereinafter “the deceased”) and the Defendants are the births of the deceased.

(E, F, and G in addition to the Defendants). (B) The identity of the deceased shall be E, F, and G.

As of October 18, 2012, prior to the death of the deceased, the registration of ownership transfer was completed on the grounds of “sale on October 2, 2012, 201,” 1/2 shares in each of the Defendants’ respective 1/2 shares in H Apartment 102 Dong 1901 (hereinafter “instant apartment”).

C. Around February 2, 2014, the Defendants sold the instant apartment to I in KRW 360,000 (at least KRW 400,000,000,000,000,000,000) and completed the registration of ownership transfer on June 27, 2014.

2. The Plaintiff’s assertion that: (a) the Deceased intends to transfer the apartment of this case to the Plaintiff; (b) although the Plaintiff was seniorly delegated the registration of ownership transfer to the Plaintiff to the effect that “the Plaintiff will complete the registration of ownership transfer in the name of Do and the Plaintiff,” the Defendants sold the apartment of this case to I after completing the registration of ownership transfer in their own name, unlike the delegation of the Deceased, and sold the apartment of this case to I, and then sold the amount to KRW 3.60 million after deducting KRW 250 million of the lease deposit paid to the lessee of the apartment of this case from the purchase price of this case from KRW 3.5 million,00,000, as the Defendants were the inheritor of the Deceased, are liable to compensate the Plaintiff for damages equivalent to the purchase price of the apartment of this case, each of which is KRW 55 million,000,000 ( KRW 110 million x

3. The judgment of Defendant C on the claim against Defendant C led to the confession of all of the Plaintiff’s above allegations.

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