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(영문) 광주지방법원 2016.08.10 2015나8861
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

The plaintiff, the defendant (appointed party) is 21,492,769 won, the Appointed C, D, and the plaintiff.

Reasons

1. On January 12, 1999, the Plaintiff purchased (hereinafter referred to as “the instant purchase”) 20 million won from F (hereinafter referred to as “the deceased’s spouse (hereinafter referred to as the “Defendant”) and the designated persons (excluding the Defendant; hereinafter the same shall apply) who are the deceased’s children, with a share of 1/4 of 2972 square meters in G-gu, Gwangju-gu and H 344 square meters in price (hereinafter referred to as “each of the instant land”). The Plaintiff sold each of the instant shares to the Plaintiff on August 16, 2008, with a share of 20 million won in price (hereinafter referred to as “each of the instant shares”). The deceased’s heir was deceased on August 16, 2008; the Plaintiff’s spouse (hereinafter referred to as the “Defendant”); but the Plaintiff’s heir (excluding the Defendant; hereinafter the same shall apply) sold each of the instant shares to the Plaintiff on May 24, 2012, and the Plaintiff sold each of the instant shares to the Plaintiff on May 36, 3648.

A. The authenticity of the entire document is presumed to have been established on the grounds that the evidence Nos. 1 through 4 (the sales contract of this case) does not conflict with the register of the deceased. The defendant defense to the effect that the document was forged by J, the birth of the deceased, but no evidence to acknowledge it exists) may be acknowledged according to the purport of the whole statement and pleading of the evidence No. 1 through 4.

According to the above facts, the defendant and the designated parties were unable to perform their duty to transfer each of the instant shares to the plaintiff as the inheritor of the deceased. Thus, the defendant and the designated parties are liable to compensate the plaintiff for the damages caused by the failure to perform their duty.

Therefore, barring special circumstances, the Defendant is limited to KRW 21,492,769 (i.e., KRW 64,478,308 x inheritance share 3/9), KRW 14,328,512 (i.e., KRW 64,478,308 x respective inheritance share x 2/9), and each of the above amounts, within the scope of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the day following the last delivery of the copy of the instant complaint, from June 4, 2013 to the day of full payment.

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