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(영문) 의정부지방법원 2018.11.01 2017나205708
손해배상
Text

1. Pursuant to the conjunctive claim added by this court, the Defendant’s KRW 16,200,000 and its corresponding costs on July 2016.

Reasons

1. The defendant's assertion that the lawsuit of this case should be dismissed as it is illegal because E has copied the plaintiff's name. However, there is no evidence to prove the defendant's assertion, and the defendant's defense is without merit.

2. Judgment on the merits

A. Basic facts 1) The Defendant is the Plaintiff’s father E and siblings. 2) The Defendant’s seal is affixed to the gift contract in which, around 2008, the Defendant donated the Plaintiff the land of 2,678 square meters (hereinafter “instant land”) to the Plaintiff (hereinafter “instant gift contract”).

3) On March 4, 2016, the Defendant sold the instant land to D in KRW 16,200,000, and D completed the registration of ownership transfer on the instant land on April 6, 2016. [The fact that there is no dispute over the grounds for recognition, and the purport of the entire entries and arguments in Articles 1 and 8, as well as the purport of the whole pleadings.

B. A summary of the parties’ assertion 1) Around 2008, the Defendant donated the instant land to the Plaintiff. The Plaintiff trusted the performance of the said gift contract, and performed the reclamation works on the instant land. The Defendant sold the instant land to D and thus making it impossible for the Plaintiff to implement the gift contract. Therefore, the Defendant is liable for compensating the Plaintiff for the expenses incurred in the said reclamation works as a result of nonperformance of obligation, and the amount equivalent to KRW 16,200,000,00 for the purchase price of the instant land. As a part of the claim, the Defendant did not seek payment of KRW 30,012,030 out of the said money to the Plaintiff around 208, the Defendant did not donate the instant land to the Plaintiff, and the instant gift contract was forged E, the father of the Plaintiff, thus, there is no liability for compensating for damages arising from the instant land donation contract.

C. In a case where it is recognized that the seal affixed to a document to which the Defendant donated the land to the Plaintiff is affixed by the seal affixed to the name holder, the act of signing and sealing the seal, barring special circumstances.

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