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(영문) 서울중앙지방법원 2012.04.17 2010가합62654
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The parties' assertion

가. 원고 ⑴ 불법행위로 인한 손해배상 ㈎ 이전등기비용 및 철거비용 편취 ① 원고는 2008. 5. 무렵 친척인 D을 상대로 양주시 E 답 3805㎡(이하 ‘이 사건 토지’라 한다)에 관한 소유권이전등기청구의 소를 제기하여 무변론 승소판결을 선고받았으나, 이 사건 토지 근처에 살지 않았고 농지를 경작하고 있는 상태도 아니어서 그 소유권이전등기에 어려움을 겪고 있었다.

② Accordingly, the Plaintiff’s wife stated the above circumstances to Defendant B, who was aware of the Plaintiff’s volunteer group at the church, and the Defendant B accessed the issue of registration of transfer by stating that “F is an expert in the operation of a construction-related company.”

③ On May 208, the Plaintiff and F met the Defendants around May 2008 to discuss the issue of the registration of the transfer of the instant land. Defendant B introduced Defendant C as his husband and was G in a false name, G. According to the Defendants’ proposal, the Plaintiff and F agreed to borrow money from Defendant B, instead of taking the form of borrowing money in the name of the cost of the registration of the transfer from Defendant B, the Plaintiff and F agreed to borrow money with the Plaintiff’s land, including the instant land, as collateral if the F borrowed money from Defendant B.

④ Since then, the Defendants completed the registration of ownership transfer under the Plaintiff’s name with respect to the instant land, and demanded the Plaintiffs to pay KRW 52 million with the registration cost of transfer.

⑤ On the other hand, the Plaintiff and F, on September 2008, listened to the Defendants’ remarks that “the instant land is promptly compensated for, without delay, can not be properly compensated for, the present state on the instant land, and the owner on the water cannot be removed due to organized violence and violence, and the cost of removal is KRW 300 million on the water.” The Plaintiff and F, upon the request of the Defendants, will entrust the Defendants with the removal work.

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