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(영문) 광주지방법원 2015.08.11 2013가단27829
손해배상(기)
Text

1. As to the Plaintiff (Appointed Party) KRW 21,492,769, KRW 14,328,512, respectively, and each of them.

Reasons

On January 12, 1999, the Plaintiff purchased a share of 743 square meters and H 344 square meters in his own share of 743 square meters and H 86 square meters in his share of 743 square meters in Gwangju Northern-gu, Gwangju-gu and H 344 square meters, and paid the price in full. The Plaintiff died on August 16, 2008 while F did not register the ownership transfer of the above land, and thereafter, the Defendant (Appointed Party) and the designated parties, who are F’s spouse and children, sold the surrounding land to I including the above land. The value of the above land converted into the sale amount at the time of sale, as a total, shall be calculated in accordance with calculation 64,478,308 won (64,552,489 won or the difference arising from the difference calculated by adding the area of the above G 743 square meters in size as at the time of sale, which was sought by the Plaintiff (the Plaintiff).

) The facts of Gap's evidence Nos. 1 (the co-ownership transfer contract, the defendant's assertion that it was forged, but it is not accepted as it can be admitted by the witness J's testimony that the authenticity is established by the witness's testimony), 3 and 4 (including each number), and the witness's testimony.

According to the above facts, unless there are special circumstances, the defendants are liable to pay to the plaintiff in installments the above 64,478,308 won, which can be called the market price at the time of the performance of the above land as damages due to the impossibility of the performance of the obligation to transfer ownership, according to their inheritance shares.

Although the Defendant (Appointed Party) asserts that the claim for ownership transfer registration has already expired by prescription, the Plaintiff stated in the statement of No. 1 and the witness J’s testimony that the Plaintiff had been made at the time when the Plaintiff purchased the said land from F that “the Government will exercise the right in accordance with the area of the land at the time of the purchase of the said land from F,” and F had been in Gwangju several times due to the sale of other land owned by the Defendant around 2005, the Plaintiff was found to have not purchased the said land from the Government.

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