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(영문) 서울중앙지방법원 2015.06.26 2014가단195807
손해배상
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. On the basis of the facts, the Seoul Central District Court 2014Gahap1244 rendered a decision of compulsory conciliation in the case of revocation of fraudulent act between the Plaintiff and Defendant B, and both parties did not raise any objection, which became final and conclusive.

The decision is that the Plaintiff shall pay KRW 200 million to Defendant B by June 30, 2014, and shall pay the unpaid amount at the rate of 20% per annum from July 1, 2014 to the date of full payment.

【Facts without any dispute, Gap’s No. 1, and the purport of the whole pleading】

2. The owner on the register Nos. 1 and 103 (the instant house) of Gangnam-gu Seoul Metropolitan Government Dolllla 2, Gangnam-gu, is the defendant C.

However, the defendant B, as the actual owner, has been trusted in the name of the defendant C.

By June 30, 2014, Defendant B agreed to obtain consent to reconstruction permission from the Plaintiff, the owner on the registry of the instant housing, and the Plaintiff did not object to the said compulsory adjustment decision under the condition that it did not object to the said compulsory adjustment decision. The said compulsory adjustment decision became final and conclusive.

However, the Defendants conspired to enter into the foregoing agreement and did not consent to the rebuilding permit regarding the instant housing.

Therefore, since the plaintiff suffered damages due to the delay in re-building, the defendants are jointly and severally liable for such damages.

3. It is insufficient to recognize that the Plaintiff did not raise an objection to the compulsory adjustment order on the condition that the testimony of the 3, 5, 6, and 7 evidence and the witness E, F, and G alone entrusted the title of ownership of the instant house to Defendant C, and that the Plaintiff consented to the rebuilding permit on the instant house.

The plaintiff's assertion is rejected without further review.

4. The plaintiff's claim is dismissed.

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