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(영문) 인천지방법원 2021.02.25 2019가단275884
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff and Defendant B are South Korea, and Defendant C is Defendant B’s children.

B. On February 14, 1984, the Plaintiff completed the registration of transfer of ownership in each Plaintiff’s future on the grounds of sale on February 10, 1973, with respect to the portion of 255/364 square meters among the land D (the previous land was 354 square meters, which was divided into 125 square meters on August 16, 2007, and it became 239 square meters on the above land) located on October 15, 1981. The Plaintiff completed the registration of transfer of ownership in each Plaintiff’s future on the grounds of sale on February 10, 1973 (hereinafter the above 364 square meters and the above F land were 25/4 square meters on the land).

The registration of the establishment of the right to collateral security was completed with the maximum amount of the claim amount of KRW 140 million, the debtor as the plaintiff and the mortgagee as G association (hereinafter the "non-party association"). However, upon the non-party association's voluntary auction application, the decision was made to commence the auction voluntarily to Changwon District Court D, and the defendant Eul awarded a bid for the land and housing of this case on March 28, 2006 and completed the registration of the transfer of ownership in the future of the non-party association, and completed the registration of the establishment of the right to collateral security on the same day.

(d)

As to the land in this case, Defendant B completed the registration of transfer of ownership on February 22, 2007, the Plaintiff’s death on February 16, 2006, on the ground of sale and purchase as of February 16, 2006, and on June 8, 2010, Defendant C had completed the registration of transfer of ownership on the ground of sale and purchase as of May 24, 2010, and Defendant C had completed the registration of transfer of ownership on December 20, 2018.

【Ground of recognition】 The non-contentious facts, Gap evidence 2-1 and 2-2, and the purport of the whole pleadings

2. Judgment on the parties’ assertion

A. The summary of the parties’ assertion (1) The Plaintiff lent KRW 20 million to the Defendant around 1990 and around 1992, and left Korea and operated a business from August 2001 to Peru. The Plaintiff and the Defendant received the said land as the successful bidder in the auction procedure for the land of this case.

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