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(영문) 대구지방법원김천지원 2016.07.20 2015가단32604
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 24, 1977, the defendant received the registration of ownership transfer from C on February 17, 1977 with respect to DJ 43 square meters for sale.

B. On May 3, 1986, the said D land was divided into 98m2, 98m2, 15m2, and 29m2.

C. On May 3, 1986, the Defendant received the registration of ownership transfer from G on the ground of sale on April 21, 1986 with respect to H large 43 square meters.

On March 19, 192, the above real estate was combined with the above D land on March 19, 1992, and became 141 square meters at the present time, Gu-si D (hereinafter “instant land”). D.

On July 13, 1999, the Defendant filed a registration of preservation of ownership with respect to the housing of 79.73 square meters and 74.30 square meters and 74.30 square meters and above the 2nd floor of the single house with the 1st floor of the 2nd floor of the 4th unit of the 4th unit on the ground of the 4th unit of the Gu-U.S.-si (hereinafter “instant housing”).

E. On May 3, 200, the Defendant entered into a sales contract with I for the instant real estate, and completed the registration of ownership transfer to I on May 27, 2000.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1, 5, Eul evidence Nos. 4 and 5 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion 1) purchased the instant land and completed the registration of ownership transfer for intermediate omission in the future of the Defendant, and completed the registration of ownership transfer for the instant building in the future of the Defendant. However, the Defendant arbitrarily sold it to I and completed the registration of ownership transfer to I so that the Plaintiff lost the ownership of the instant real estate. Therefore, the Defendant is liable to compensate the Plaintiff for damages incurred to the Plaintiff due to the Defendant’s tort. (ii) The Defendant, a title trustee, obtained profits from acquiring the proceeds of disposal by arbitrarily disposing of the instant real estate, and thus, the Defendant is liable to return unjust enrichment equivalent to the disposal price to the Plaintiff, a title truster.

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