(영문) 전주지방법원 2018.01.19 2017가단4340

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(영문) 전주지방법원 2018.01.19 2017가단4340

손해배상(기)

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Defendant C’s KRW 33,200,000 and KRW 29,800,00 among the Plaintiff, shall be KRW 3,400,000 from March 4, 2017.

Reasons

The Plaintiff’s primary assertion that the Defendants conspired to sell monthly living expenses to D (hereinafter “the deceased”) and was transferred from the deceased Kim Jong-si’s ownership of the E large 119 square meters and the F large 182 square meters (hereinafter “each land of this case”).

However, G, whose ownership of each of the instant lands was transferred, filed a lawsuit seeking removal of the housing owned by H (the deceased’s spouse, the Plaintiff’s mother) and delivery of the land on the ground, and the Plaintiff suffered damages incurred by G to pay KRW 90,000,000 pursuant to the conciliation provisions established in the said lawsuit.

Therefore, the Defendants are liable to compensate the Plaintiff for damages of KRW 90,000,000 due to tort.

Judgment

However, there is no evidence to prove the fact that the Defendants conspired to deception the Deceased, and thus, the Plaintiff’s claim for this part cannot be accepted.

Comprehensively taking account of the purport of the arguments in Gap evidence No. 1, No. 2-1, No. 2-2, No. 5, and No. 8-1, it is recognized that the contract was concluded on June 14, 2012 by the deceased to sell each of the land of this case to defendant C for KRW 33,200,00 (hereinafter "the sale of this case"), the deceased's death and the heir's death, the deceased's spouse H and the plaintiff's heir, and the plaintiff and H agreed on the division of inherited property to own all the inherited property of the deceased.

Therefore, Defendant C is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum as to KRW 33,200,000 and KRW 29,800,000 from March 4, 2017 following the delivery date of a copy of the complaint of this case, and KRW 3,40,000 from March 4, 2017, and from December 15, 2017 following the delivery date of a copy of the application for modification of the purport of this case and the application for modification of the cause of the claim of this case to the date of full payment.

As to this, Defendant C was donated to each of the instant lands by Defendant C, and Defendant C.

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