(영문) 인천지방법원 2021.01.19 2019가합62306

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Reasons

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(영문) 인천지방법원 2021.01.19 2019가합62306

손해배상(기)

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The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On May 15, 1976, the Plaintiff left 3 South Korea of the deceased F, who died on or around May 15, 1976, and Defendant B is the head of the deceased.

2) Defendant C is the children of Defendant B, Defendant D is the spouse of Defendant C, and Defendant E is the children of Defendant C and Defendant D.

B. As to the land division and ownership relation 1) 4,889 square meters (hereinafter “land before subdivision”), the ownership on the ground of “sale on February 19, 1973” in the Defendant B’s name on February 23, 1973 was divided into 3,198 square meters (hereinafter “the instant land”) and H1,691 square meters (hereinafter “the instant land”).

2) On October 18, 2018, Defendant B completed the registration of ownership transfer due to Defendant C and E’s name with respect to 3/5 shares in the instant land among the instant land No. 2. As to each of the instant land No. 2, Defendant B completed the registration of ownership transfer on October 11, 2018.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3-1, 4-2, and the purport of the whole pleadings

2. The assertion and judgment

A. The land before dividing the summary of the Plaintiff’s assertion was originally owned by the deceased, and was entrusted to Defendant B. As to the part of the land before the division, the deceased donated the part corresponding to the 2-math part of the land before the division to the Plaintiff, thereby becoming a truster who succeeded to the title trust relationship with the Plaintiff.

After the deceased's death, Defendant B, a trustee of the name of the deceased, had the duty to transfer the ownership of the land of this case falling under the 2-math part of the land before division to the Plaintiff, a truster of the title, but, despite having been liable to transfer the ownership of the land of this case 2 out of the land before division, Defendant C, D, and E donated each share of the land of this case to Defendant C, D, and E. Defendant C, D, while being aware of this fact in collusion with Defendant B, were to actively participate in the act of breach of trust, aiding

유사 판례

-인천지방법원 2021.01.19 2019가합62306

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