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(영문) 서울북부지방법원 2015.09.22 2015나371
손해배상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. On September 11, 2006, the defendant was donated by co-defendant C of the first instance court, his father, and completed the registration of ownership transfer on September 14, 2006.

B. On November 25, 2010, C had already been granted a loan of approximately KRW 71 million from the Kannyang Saemaul Community Fund as collateral of the instant house owned by the Defendant, No. 01 and No. 102 of the building, such as the instant house, which was owned by the Defendant, but the registration of the establishment of a new mortgage has not yet been completed.

However, on November 25, 2010, C concluded a lease agreement with E to the effect that “the Defendant leases the instant house to D at a deposit amount of KRW 50 million” (hereinafter “instant lease agreement”) on the ground that, as the Defendant’s agent, E made a false statement that there is no right other than ownership regarding the instant house as to the instant house, as the Plaintiff’s agent, and that E received from E a lease agreement to the effect that “the Defendant leases the instant house to D at a deposit of KRW 50 million, out of the down payment on the same day, KRW 50 million, the remainder of the down payment on November 26, 2010, KRW 4.5 million, the remainder of the down payment on December 25, 2010, and KRW 50 million,000,000,000.

C was prosecuted for the above facts constituting the crime and was sentenced to 6 months of imprisonment with prison labor from this court on September 25, 2013, and 2 years of suspended sentence (No. 2013 Godan991), and C appealed appealed against the above judgment, but the above judgment became final and conclusive as it was, as it was,.

C. Meanwhile, with respect to the instant housing as above, C’s aforementioned loan, the registration of creation of a neighboring Saemaul Savings Depository by the debtor C, the mortgagee C, the mortgagee of the right to collateral security, the registration of creation of a neighboring mortgage on December 23, 2010, and the registration of creation of a neighboring Saemaul Savings Depository by the debtor C, the mortgagee C, the mortgagee of the right to collateral security, and the debtor C, the right to collateral security, and the right to collateral security on December 23, 2010, respectively. Since then D received dividends of KRW 25 million out of the above lease deposit and did not receive dividends of KRW 25 million.

D Accordingly, this Court is against C, the Defendant, and the Plaintiff.

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