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(영문) 대전지방법원논산지원 2015.01.29 2014가단256
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts do not conflict between the parties or may be acknowledged by considering the following facts as a whole: Gap evidence Nos. 1, 2, 3, 4, 5, and 7-1 and 7-2; the appraiser C’s appraisal result of this court’s inquiry with respect to the director of the tax office of this court, the whole purport of the arguments.

The defendant is the plaintiff's friendly birth.

B. On November 18, 1987, the Plaintiff purchased 755 square meters in Seosan-gun E (i.e., 982 square meters in Seosan-si and 1,510 square meters in Seosan-si; hereinafter “each of the instant lands”). Of each of the instant lands, the Plaintiff purchased 982 square meters in Seosan-si in Seosan-si and 322 square meters in Seosan-si and completed the registration of ownership transfer as of August 18, 1988, as the receipt of 26159 on August 18, 1988.

C. The registration of ownership transfer was completed on April 1, 2000 for each of the instant lands by the Daejeon District Court Branch No. 9462, Apr. 15, 2000, which was received on April 15, 200.

The Plaintiff newly constructed a 58.96 square meters of housing for single-story farming households (hereinafter “instant housing”) on the F of Seosan-si, Seosan-si and completed the registration of ownership preservation on April 18, 2012 as the receipt No. 12225, supra.

E. As to the instant housing, the registration of transfer of ownership was completed on April 17, 2012 by the Daejeon District Court Branch No. 12226, which was received on April 18, 2012, as to the instant housing.

F. On July 10, 2013, the Defendant sold each of the instant land and the instant housing in KRW 150,000,000 to the grandchildren, and completed the registration of ownership transfer by the Daejeon District Court Branch No. 25773, Aug. 16, 2013.

As of July 10, 2013, the market price of each of the instant land and the instant housing as of July 10, 2013, is 90,598,880 won in total.

2. The parties' assertion

A. The Plaintiff’s assertion is that the Defendant, despite having held title trust with respect to the instant housing and each of the instant land, on July 10, 2013.

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