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(영문) 창원지방법원통영지원 2017.11.17 2017가단4354
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On February 5, 1999, the Plaintiff filed a lawsuit seeking compensation against the Defendant by asserting that, under the Changwon District Court 99Da3931, the Plaintiff: (a) he stockpiled construction materials on the site adjoining the Plaintiff’s housing of Msan-si Cand C, 97.5 square meters and the above two-story above ground-based housing (hereinafter “instant real estate”); (b) on August 20, 199, the instant case was referred to conciliation with Changwon District Court 9s.13035; and (c) on August 20, 199, the conciliation was established with the purport that the Defendant would purchase the instant real estate from the Plaintiff at KRW 71 million; and (d) the conciliation protocol stating such content was prepared.

(hereinafter “instant conciliation”). Accordingly, the Defendant paid KRW 71 million to the Plaintiff and acquired the ownership of the instant real estate.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 to 10 evidence, purport of the whole pleadings

2. Determination as to the cause of action

A. The summary of the cause of the claim is known to the Defendant that the price of the instant real estate is KRW 15 million, and the instant conciliation was established by using unlawful methods, such as providing money and valuables to the judge in charge at the time of the instant conciliation, and the Plaintiff continuously lost the Plaintiff by making the Plaintiff lose the real estate during the 18-year litigation process by making an illegal solicitation to the full bench, and thus, the Defendant is liable to compensate the Plaintiff for damages incurred therefrom.

B. In light of the judgment, the judgment against the Defendant was rendered, and the judgment against the Plaintiff became final and conclusive in this court, on the following grounds: (a) the Plaintiff filed a claim for damages against the Defendant, including the cause of the instant claim, either identical to the cause of the instant claim, or the cause of the instant claim, with the Changwon District Court No. 2007Da75719, Changwon District Court No. 2014Gahap310, Changwon District Court No. 2014Gadan14824, Changwon District Court No. 2014 and Changwon District Court No. 2016Gadan5718, which rejected the Plaintiff’s claim.

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