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(영문) 대전지방법원천안지원 2015.02.10 2013가단21785
손해배상(기)
Text

1. Defendant C shall pay to the Plaintiff KRW 7,00,000 as well as 30% per annum from February 18, 2010 to the day of full payment.

Reasons

1. Basic facts

A. On August 7, 2007, the non-party D was divided into a square of square of 1,640 meters of woodland E, L forest, a square of 7,353 meters of woodland, and a square of 701 meters of woodland in M forest, respectively.

On December 2, 2003, Asan registry office of this court was received on December 2, 2003, and completed the registration of ownership transfer based on donation on November 29, 2003 to Nonparty F, the Plaintiff’s birth.

B. In the lawsuit filed by Nonparty G and H against F and D (the Daejeon District Court Decision 2012Na12625 delivered on the registration, etc. on the cancellation of the ownership transfer registration), the above court rendered a judgment accepting the conjunctive claim by G and H on the ground that the title trustee is obligated to return KRW 123,00,000,00, which is the amount equivalent to the real estate purchase fund that he provided to G and H, and the amount equivalent to the real estate purchase fund that he provided, to G and H, through Defendant C, where G and H are omitted, jointly purchased 1/4 shares of the pertinent land through D through the Plaintiff, who is a punishment Plaintiff, and F, completed the ownership transfer registration under the name of F pursuant to the title trust agreement with F and F.

Although each party appealed to the above judgment as Supreme Court Decision 2013Da35375, the Supreme Court dismissed all the above appeals, and the above judgment became final and conclusive as it is.

C. On January 7, 2004, Defendant B entered into a sales contract with Nonparty I on the following terms: (a) the price of KRW 104,000,000,300,000 for payment for each of the above lands on the date of the contract, and the balance of KRW 74,000,000 for each of the above lands on the grounds of the above sales contract on February 2, 2004, and completed the registration of ownership transfer on each of the above lands on February 2, 2004.

[Reasons for Recognition] Unsatisfy Facts, Gap evidence Nos. 1 through 3, 6, 7, 12, and 13 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the claim against the defendant B

(a) the primary claim (1)

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