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(영문) 서울고등법원 2018.09.21 2018나2018311
손해배상(기)
Text

1. All appeals by the plaintiffs against defendant E and appeal by defendant C against the plaintiffs are dismissed.

2...

Reasons

The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is as follows, except for the addition of the judgment as to the assertion that plaintiffs and defendant C are emphasized or added in the trial of the court of first instance: Provided, That the reasoning of the judgment of the court of first instance, co-defendant D (hereinafter referred

) Since the part on the issue is identical to that of Article 420 of the Civil Procedure Act, it shall be quoted as it is in accordance with the main sentence of Article 4

As to the plaintiffs' assertion against Defendant E, Defendant C and D (hereinafter the above two persons referred to as "Defendant C, etc.") conspireds to sell the land of this case to the glass boat and arbitrarily used part of KRW 1.3 billion of the land of this case to the plaintiffs, Defendant E also conspired or aided.

Defendant E is liable to compensate the Plaintiff for damages caused by the tort based on joint tort liability.

Judgment

As seen earlier, Defendant E acquired a part of the instant land’s share with Defendant C, etc. on December 28, 2006, and all of the co-ownership shares, including the above shares, were transferred to the oil cooking set on June 26, 2007.

Gap evidence Nos. 6, 9, 17, and Eul evidence Nos. 15 through 17, and for the NH Nonghyup Bank of the court of the first instance, July 11, 2018; and

7. In full view of the results of each order issued to submit financial transaction information and the purport of the entire pleadings made on April 4, 2006, KRW 20 million in the name of the Plaintiff B (former name: G) on April 4, 2006, and the same year.

9. The fact that the Plaintiff deposited KRW 15 million in the name of the Plaintiff A on June 27, 200 and immediately immediately after the deposit was made under the name of the CDta, automatic payment, insurance premium transfer, loan interest, etc., and ② KRW 1.3 billion in the purchase price to the said account = KRW 450 million on June 5, 2007

6. 26. 850 million won was deposited and withdrawn on several occasions immediately after the deposit, and ③ Defendant E seeks revocation of the disposition of imposition of capital gains tax of KRW 131,791,660 imposed on him/her in relation to the above sale and purchase and the request for pre-assessment review against the director of the tax office at issue.

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