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(영문) 서울북부지방법원 2013.09.25 2012가합21892
손해배상(기)
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. On April 19, 2012, the Plaintiff, the Defendant’s husband, deposited KRW 15 million in the Defendant’s account (hereinafter “instant sales contract”) with the Defendant’s account (hereinafter “new bank G; hereinafter “instant account No. 1”) at the request of C on April 19, 2012, to purchase KRW 150 million registered in the name of C among the first floor parking lots of the F building underground of Dongdaemun-gu Seoul, Dongdaemun-gu and E, Seoul, and KRW 15 million registered in the name of C (hereinafter “instant parking lot”).

B. On April 26, 2012, the Plaintiff drafted the instant sales contract with C, and issued a cashier’s checks of KRW 135 million to C. On the same day, C deposited KRW 135 million in the account under the name of the Defendant.

C. On April 27, 2012, the Plaintiff requested C to cancel the contract with the knowledge that the Plaintiff would pay rent based on superficies on the instant parking lot. On the same day, C agreed to reverse the instant sales contract and return the sales price of KRW 150 million to the Plaintiff up to June 30, 2012.

(hereinafter referred to as “instant agreement”). [Grounds for recognition] There is no dispute, entry in Gap evidence Nos. 1, 7, and 19, and the purport of the entire pleadings.

2. Judgment as to the plaintiff's primary claim

A. The plaintiff's assertion 1) The actual owner of the instant parking lot and the actual party to the instant sales contract are the defendant in view of the fact that the sales price of the instant parking lot was deposited into the account in the name of the defendant. Upon the filing of the instant lawsuit, the defendant transferred KRW 120 million deposited in his account for the purpose of evading compulsory execution to the defendant Cho Cho-man's account. In light of this, the defendant concealed the fact that the defendant, who is the husband, conspired with C or by aiding and abetting and abetting C, has a rent based on superficies with the plaintiff and sold the instant parking lot, and further evaded compulsory execution.

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